Tania Hemming, 47, from Droitwich, has won a compensation payout of £500 and a full apology from HM Courts and Tribunals Service after a 21-month ordeal over a cigarette butt fine issued by Birmingham City Council near New Street station. The case was marked by a series of administrative errors, including the council enforcement officer describing her as a large blond haired man in written evidence, despite her being a slim woman with red hair at the time.
Incident and Immediate Fallout
In October 2024, Hemming was walking into the Grand Central complex when a council enforcement official approached her. She had stubbed out her cigarette on an ashtray atop a bin, but the butt blew onto the ground without her knowledge. The official accused her of deliberate littering and issued a penalty notice, refusing her request to retrieve the butt. Despite protesting her innocence, she was fined.
Hemming appealed the fine, leading to a court case where the official's statement referred to her as 'he' and 'him' and described her as a large blond haired man. This was one of several errors that compounded her distress.
Court Errors and Impact
The case was initially sent to the wrong court and later heard in her absence, resulting in a conviction and fine without her defence being heard. Although the conviction was later quashed, an 'attachment of earnings' order was sent to her employer, a not-for-profit social enterprise, detailing her 'wrongdoing' as part of bailiff proceedings. Hemming, who supports young people into apprenticeships in the digital and creative sector and requires enhanced DBS checks, said: "I was made to feel like a criminal over such a minor issue."
She added: "I have been subjected to an horrendous ordeal. I know it probably sounds pathetic but when you are unable to afford a solicitor and you are doing everything to try to prove your innocence, all over a cigarette nub, it just exhausts you."
Resolution and Compensation
The council eventually offered no evidence, and the conviction and fine were rescinded. The Courts and Tribunals Service issued a full apology and £500 compensation. In an email, they acknowledged "service failures" that caused "significant distress, inconvenience, frustration and concern." Hemming has also lodged a complaint with the Local Government Ombudsman.
Birmingham City Council did not comment on the specifics of the case but stated: "The council's litter enforcement patrols play an important role in helping to keep Birmingham's streets clean and tackling environmental crime. Officers patrol areas across the city, including the city centre, and can issue Fixed Penalty Notices where they witness offences such as littering, including the dropping of cigarette ends."
