Summary: Mr X complained the Council failed to take appropriate action to remove abandoned vehicles from the development on which he lives. We have found fault by the Council, causing injustice, in failing to properly consider its duty to remove abandoned vehicles. The Council has agreed to remedy this injustice by: apologising to Mr X; taking action now to properly consider its duty; and making service improvements.

The complaint

1. Mr X complains about the Council’s response to his requests, and those of other residents of the development on which they live, made over many years, that it take action to remove the large number of scrap vehicles abandoned on the site.
2. Mr X says these vehicles have been left on the site, unmoved, for a number of years. They are causing a nuisance for the residents and members of the public who access the area. The vehicles pose a safety risk and attract anti-social behaviour and crime. Some of the vehicles have been dumped in a community garden making it inaccessible to residents and members of the public.
3. He wants the Council to take appropriate action now to remove the vehicles from the site.

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The Ombudsman’s role and powers

4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these.
5. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
6. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
7. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

8. I considered evidence provided by Mr X and the Council, as well as relevant law, policy and guidance.
9. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

What should have happened

10. Councils have a duty to remove abandoned vehicles from:

• land in the open air (including private land); and
• roads (including private roads).

11. The Government has published guidance about how councils should consider this duty. This says councils must decide if a vehicle is abandoned and that this is likely if at least one of the following applies:

• it has no keeper on DVLA’s database and is untaxed;
• it’s stationary for a significant amount of time;
• it’s significantly damaged, run down or unroadworthy, for example has flat tyres, missing wheels or broken windows;
• it’s burned out; or
• a number plate is missing

What happened

12. I have set out a summary of the key events below. It is not meant to show everything that happened. It is based on my review of all the evidence provided about this complaint.

Background

13. Mr X lives on a development. Land and roads forming part of the site are privately owned.
14. For a number of years Mr X, and other residents, have complained to the Council about vehicles which have been dumped on verges, and other parts of the development.
15. The Council’s response has been that it is not able to do anything because it can only deal with vehicles abandoned on the public highway, or on private land with the landowner’s permission.

March 2024: Mr X’s further complaint to the Council

16. On 19 March, Mr X complained again to the Council about the situation with the dumped vehicles. He said this had been going on for eight years with many complaints by residents, but the Council continued to say it could not take any action because the vehicles were on private land.
17. The Council acknowledged Mr X’s complaint. But it did not provide its response until August 2024.
18. In this response, the Council said:

• it investigated the options for removing the vehicles abandoned at the development in March 2023;
• checks confirmed the vehicles were on private land;
• it was told, on a site visit, the vehicles belonged to a local resident. This meant they had not been abandoned;
• the Council only had the power to remove abandoned vehicles – those with no registered keeper - from the public highway or private land with landowner’s permission.; and
• it could not help here because the vehicles were not abandoned, as they had a registered keeper, and it did not have the landowner’s permission to remove them.

January 2025: Mr X’s complaint to us

19. Mr X was not satisfied with the Council’s reply and brought the complaint to us. Mr X has told us the landowner was not asked for permission by the Council to remove the vehicles.
20. The Council repeated, in its response to us, what it had told Mr X. It could not get involved because the owners of the vehicles were known and it did not have the landowner’s permission to remove them.
21. It said the only other option would be to consider the possibility of using its powers regarding anti-social behaviour on the basis of the issues the vehicles were causing local residents.

The Council’s response to our enquiries

22. We asked the Council to confirm how it had considered its duty to remove abandoned vehicles from land in the open air and roads.in accordance with Government guidance about councils’ responsibilities for abandoned vehicles.
23. We asked for evidence showing how it had considered:
1. its duty, as set out in the guidance, to remove the vehicles reported as being abandoned on the development (being land in the open air); and
2. the factors set out in the guidance for deciding whether a vehicle has been abandoned in relation to each of the vehicles complained about.
24. It did not respond to this enquiry.

My decision – was there fault by the Council causing injustice?

25. My view is the Council has failed to properly consider its duty to remove the vehicles reported as being abandoned on the development (being land in the open air).
26. The guidance makes it clear the fact that there is a registered keeper on the DVLA database does not mean the vehicle has not been abandoned.
27. But there is no evidence the Council has properly considered all the factors set out in the guidance for deciding whether it is likely a vehicle has been abandoned in relation to each of the vehicles complained about.
28. In my view the Council’s failure to properly consider its duty is fault,
29. The Council has a duty to remove abandoned vehicles in the open air. Because of its failures, Mr X has lost the opportunity for a properly informed decision by the Council on whether the duty applies in this case. And he has been caused frustration and uncertainty about the extent of the Council’s powers to take action.

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Action

30. To remedy the injustice caused by the above faults and, within four weeks from the date of our final decision, the Council has agreed to:
1. apologise to Mr X for its failure to properly consider its duty to remove the vehicles in accordance with Government guidance. This apology should be in line with our guidance on Making an effective apology;
2. provide us with evidence showing it has now:

• properly considered its duty, as set out in the guidance, to remove the vehicles reported as being abandoned on the development (being land in the open air);
• properly considered all the factors set out in the guidance for deciding whether a vehicle has been abandoned in relation to each of the vehicles complained about; and
• made decisions, for each of the vehicles complained about, as to whether they have been abandoned;
3. confirm to us, and Mr X, its proposed plan of action for dealing with the vehicles complained about on the site.

31. And within two months from the date of our final decision, the Council has agreed to:
1. review its guidance to relevant teams and officers about the Council’s duty to remove vehicles abandoned on land in the open air (including private land), and roads (including private roads) and factors to be considered when deciding if a vehicle is abandoned; and
2. provide training to all relevant teams and officers about this duty, and the process they should follow in accordance with Government guidance.
32. The Council should provide us with evidence it has complied with the above actions.

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Decision

33. I find fault causing injustice. The Council has agreed to take the above action to remedy this injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman