The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about a Fixed Penalty Notice for an alleged fly tipping offence. This is because the courts are in the best position to decide the matter.
The complaint
Mr B complains the Council wrongly issued him with a Fixed Penalty Notice (FPN) for an alleged fly tipping offence. Mr B says he did not commit an offence and there are many possibilities to explain why an item with his name on it was found in this location. Mr B would like the Council to cancel this FPN.
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 an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
A person who receives a FPN for an alleged fly tipping offence may either pay the FPN to cancel it, or wait for the local authority to pursue the matter at court. If the local authority starts court action, the person would have the opportunity to challenge the FPN at court.
We are not an appeal body and only the courts can decide whether a person has committed a fly tipping offence. Mr B may either pay this FPN or wait for the Council to start court proceedings.
So, we will not investigate this complaint.
Final decision
We will not investigate Mr B’s complaint because the courts are better placed to consider this matter.
Investigator's decision on behalf of the Ombudsman