Summary: We will not investigate this complaint about the Council’s handling of the removal of Ms X’s car to the pound. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

The complaint

1. Ms X complains about the Council’s removal of her SORN (Statutory Off Road Notification) car to the pound when it was not parked on the road but on the pavement. She incurred costs as a result and was given incorrect information about who had removed the car.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. Agents acting on behalf of the Council removed Ms X’s car to the pound where she had to pay to release it. It had been parked on the pavement which is part of the public highway and so did not meet the SORN requirements as being off road.
6. Initially Ms X had been told by the Council that it had not been responsible for removing the vehicle. However, it later clarified that a sub-contractor acting on behalf of the Council’s parking enforcement contractor had removed the car. The Council apologised and confirmed the matter had been brought up with the officer and the service.
7. We do not investigate every complaint we receive. We are funded by the public purse and have an obligation to use the funds allocated to us in an effective, efficient and economic manner. This means that we will not investigate when an investigation will not usefully add to that already undertaken by the Council or lead to a significantly different outcome.

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Final decision

8. We will not investigate Ms X’s complaint because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman