The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s issuing of a Fixed Penalty Notice (FPN) for littering. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
The complainant, who I refer to as Ms X, complains about an FPN issued to a family member when her recycling waste was placed out on the street ready for collection a day too early.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Ms X.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X placed her rubbish for collection out in the street a day too early. On investigation of the rubbish the Council found correspondence in the name of a family member and issued that person with an FPN. Ms X has complained about the Council’s action in doing so and about rubbish dumped by a third party opposite her home.
We do not investigate very complaint we receive, and we will not investigate this complaint. It is for the family member to decide whether to pay the fine or face possible legal action by the Council in the Magistrates’ Court. The FPN was issued because the rubbish was placed outside of the property outside of the collection day. Rubbish left opposite Ms X’s property by a third party is a separate matter which can be reported to the Council.
Final decision
We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman