Summary: We will not investigate this complaint about the Council’s failure to remove a car which Mr X says is abandoned and untaxed. There is insufficient evidence of any fault, or any significant personal injustice to Mr X.

The complaint

1. Mr X complained about the Council’s failure to remove a car from a housing association estate. He claims the car is abandoned and a cause of anti-social behaviour.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• we could not add to any previous investigation by the organisation.

(Local Government Act 1974, section 24A (6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says he raised the matter of a car which is parked on land belonging to a housing association and which he says is abandoned and an eyesore. The car has a taped up rear window and flat tyres. He wanted the Council to remove the car but it has refused to do so.
6. The Council says it investigated the complaint and established that the car is declared SORN so does not require tax and the owner says he intends to repair it. The Council could not take direct action against him but it says it is working with the housing association which is the landlord of the car’s owner. The Council cannot take action for anti-social behaviour or statutory nuisance because the car does not meet the level of public nuisance required.
7. The Ombudsman has been critical of councils in the past who have removed cars without the owners’ consent and in breach of their statutory powers. There is no evidence that the car would be eligible for removal in this case.
8. Mr X does not live in the town where the car is located and there is no evidence of any significant personal injustice which would warrant an investigation.

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Final decision

9. We will not investigate this complaint about the Council’s failure to remove a car which Mr X says is abandoned and untaxed. There is insufficient evidence of any fault, or any significant personal injustice to Mr X.

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Investigator's decision on behalf of the Ombudsman