Summary: We will not investigate this complaint that the Council removed the complainants’ vehicles from a car park outside his home. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, who I will call Mr X, complains about the Council’s decision to remove, and destroy vehicles that he owned that were parked in a housing association car park outside his home.

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

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How I considered this complaint

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

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My assessment

5. The Council received a complaint that vehicles that Mr X owned were left abandoned in a housing association car park outside ot Mr X’s home. The Council inspected the vehicles and concluded they were abandoned so placed stickers on them instructing the owner to remove them.
6. Further inspections were carried out but the vehicles had not been moved, so the Council wrote to Mr X as the owner asking him the housing association had given him permission to leave the cars there. After no response was received, the Council wrote to the housing association which said it had not given permission for the cars to be left there and that it supported their removal.
7. The Council therefore arranged for a contractor to remove the vehicles. The contractor subsequently advised Mr X of the fee that he would need to pay to recover the vehicles. As no fee was paid the vehicles were destroyed.
8. I will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council. The Council carried out inspections of the vehicles before concluding they were abandoned; it then gave Mr X the opportunity to move the vehicles. Mr X says it was a matter between he and his landlord, the housing association, and that the Council did not have the jurisdiction to get involved. However, the law says a council can remove a vehicle from land in the open air, but if the land is privately owned the Council must inform the landowner of its intention to remove the vehicle. In this case the Council did contact the landlord who gave its permission the move the vehicles.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman