The Ombudsman's final decision
Summary: We will not investigate this complaint about a fixed penalty notice. There is insufficient evidence of fault and if Mr X disputed his liability for the offence, it would have been reasonable for him to raise a defence in court.
The complaint
Mr X complains about the Council’s decision to issue him a fixed penalty notice for fly tipping. He says the charge is unfair and has caused stress and financial loss. He wants the Council to refund him the penalty charge.
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 impact 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 or continue an investigation if we decide: there is not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B)) We may also decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
If a council thinks a person has committed an offence, it can issue the person with a Fixed Penalty Notice (FPN). If the person pays the fine, they accept liability for the offence and the matter is closed. If the person does not pay the fine, a council can take the person to court. The person can then raise a defence in court and the court will decide whether the person has committed the offence.
The Council issued Mr X with a fixed penalty notice for fly tipping. Mr X paid the fine, accepting liability for the offence.
We will not investigate this complaint. Mr X paid the fine and in doing so, accepted liability for the offence. If he did not agree he was liable, he could have waiting for the Council to prosecute and raised a defence in court. Only a court can determine liability for an offence and order a council to cancel a FPN. There is insufficient evidence of fault and we cannot achieve what Mr X wants.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault. If Mr X disputed his liability for the offence, he could have raised a defence in court.
Investigator's decision on behalf of the Ombudsman