The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about a Fixed Penalty Notice issued to her for littering. This is because the Council has commenced court proceedings about the matter.
The complaint
Miss X complains about a Fixed Penalty Notice (FPN) she received for littering.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council issued Miss X with a FPN for littering. Miss X did not pay the fine, so the Council commenced court proceedings. I cannot investigate Miss X’s complaint because the law prevents us from investigating matters that are subject to court proceedings.
Final decision
We cannot investigate Miss X’s complaint because the Council has commenced court proceedings about the matter.
Investigator's decision on behalf of the Ombudsman