The Ombudsman's final decision
Summary: Miss N complains about having received a fixed penalty notice for placing her rubbish out too early. We have ended our investigation as the Council has voided the notice.
The complaint
Miss N complains about having received a £100 fine for placing her rubbish out too early. Miss N says this had an impact on her mental health and financially. Miss N wanted the Council to repay the money she paid.
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 any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint, or it would be reasonable for the person to ask for a council review or appeal; or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered evidence provided by Miss N and the Council as well as relevant law, policy and guidance.
Miss N and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.
What I found
Legal and administrative background Fixed penalty notices Fixed penalty notices in domestic waste cases are typically issued under one of two powers – either section 33 of the Environmental Protection Act 1990, which concerns fly-tipping, or section 87/88 of the Act, which concerns littering.
What happened In early 2025 a litter enforcement officer issued Miss N with a fixed penalty notice for putting her waste out for collection too early. The notice advised Miss N she could make representations to the Council.
Miss N contacted the Council challenging the notice. The Council rejected Miss N’s representations.
Miss N complained to the Council and then to the Ombudsman. In response to my enquiries, the Council advised it had ‘voided’ the fixed penalty notice.
Decision I have ended my investigation, as the Council has now voided the fixed penalty notice, meaning there is insufficient evidence of significant personal injustice to justify further investigation by the Ombudsman.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman