The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about an environmental enforcement officer’s actions. This is because it is unlikely an investigation by this office could add to the response the Council has already provided via its own investigation of the matter.
The complaint
The complainant, whom I shall call Miss X, complains an environmental enforcement officer followed her in a car whilst Miss X was smoking a cigarette. Miss X says this was with the intention of being able to issue her with a fixed penalty notice if she dropped her cigarette.
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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained to the Council that she was followed by an environmental enforcement officer in a car whilst she was smoking a cigarette. Miss X says the officer was following her in order to be able to issue her with a fixed penalty notice if she littered her cigarette butt. Miss X recognised the officer as she had previously issued her with a fixed penalty notice. Miss X says she felt intimidated and angered by the officer’s actions and she considers the officer’s methods were criminal.
In response, the Council apologised and said that targeting of offences in this way was not acceptable. It requested a full investigation and full training updates for the officers to ensure they were aware of their enforcement obligations. It said if any further incidents were reported it would consider further action.
We will not investigate this complaint. This is because it is unlikely a further investigation by this office would add to the responses the Council has already provided via its own previous investigation of the matter. It has considered Miss X’s complaint and taken suitable action in response. There is nothing further we would add or recommend and so there is no purpose served in us investigating the matter further. Also, we cannot investigate allegations of criminal behaviour. Crime is a matter for the police to investigate and ultimately the courts to consider and decide. It is not a matter the Ombudsman can investigate or make a ruling on. If Miss X considers she has been a victim of crime it is open to her to report it to the police.
Final decision
We will not investigate Miss X’s complaint. This is because it is unlikely an investigation by this office would add to the response the Council has already provided and we cannot investigate allegations of criminal behaviour.
Investigator's decision on behalf of the Ombudsman