Summary: The Ombudsman will not investigate this complaint about the Council charging to investigate abandoned vehicles on private land. This is because he is unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Miss X, complains that the Council is charging for an investigation into an abandoned car on private land. Miss X complains that the Council is not fulfilling its duty to remove abandoned vehicles.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word 'fault' to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered Miss X’s complaint and her correspondence with the Council. I also considered the Council’s Cabinet documents and information from its website. I invited Miss X to comment on a draft of my decision.

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What I found

Removal of abandoned cars

4. By law, the Council has a duty to remove abandoned cars, even if the car is on private land.

Council charging policy for investigations into abandoned cars on private land

5. In February 2020, the Council’s Cabinet agreed the charge would be £158.80 plus VAT for investigations into abandoned cars on private land.

What happened

6. Miss X complains that when she reported an abandoned car on private land to the Council, it advised her of a charge to investigate whether the car was abandoned before removing it.
7. Miss X complains that she had to pay to have the car towed away from the access point to the land and reimburse the tenants that rent the land. Miss X would like the Council to reimburse her for the costs of this, as well as remove the car she believes to be abandoned. Miss X complains that the Council has a duty to remove abandoned cars and is not fulfilling its duty.
8. The Council has advised that where a car is suspected to be abandoned on private land, it must investigate whether the vehicle is abandoned before removing it. Its policy is to charge for these investigations, but it does not charge for the removal of the vehicle.
9. The Council advised Miss X that if she would like an investigation into the vehicle on her land, she must pay £158.80 plus VAT.

Assessment

10. I understand that Miss X is frustrated that she is being asked to pay a charge for something that is not her fault. However, the Council is not charging to remove the vehicle, but charging to investigate whether the vehicle is indeed abandoned. If it is found to be abandoned, it has accepted that it has a duty to remove it at no further cost. This service is one that has been approved by its Cabinet as a service that is chargeable.
11. I can see no evidence of fault by the Council. It has advised Miss X of the charge for the service according to the charges set by its Cabinet.

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Final decision

12. I will not investigate this complaint. This is because I am unlikely to find evidence of fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman