The Ombudsman's final decision
Summary: We will not investigate this complaint about a fixed penalty notice for fly tipping as the complainant can ultimately challenge the matter in court.
The complaint
Mr X complained the Council issued a fixed penalty notice (FPN) to him for a fly tipping offence which he says he did not commit. Mr X says the Council has not properly considered the representations he made against the penalty and wants the Council to give further consideration.
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 another body better placed to consider this complaint, or We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be 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
Mr X told the Council he left his business waste outside his property properly bagged and labelled to be collected by his private waste collector. Mr X says there was a delay in the waste being collected and due to poor weather, some of it must have come loose. The Council considered this but decided the FPN had been properly issued and that there was no evidence of any tape/stickers on the waste.
Mr X does not consider he committed this offence. Should the Council decide to prosecute, Mr X will be given the opportunity to present his case in court. It is reasonable to expect Mr X to defend himself in court as this is the body that can hear his case and decide whether the offence was committed. We cannot do this.
While I recognise Mr X does not feel the Council properly considered his representation against the FPN, I have not seen evidence to support this and so there are not grounds for us to investigate this matter.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council in how it considered Mr X’s representations against the FPN and ultimately the arena for Mr X to defend himself is in court.
Investigator's decision on behalf of the Ombudsman