Summary: We will not investigate Mr B’s complaint about the Council wrongly destroying his vehicle. This is because it is reasonable for Mr B to take the Council to court.

The complaint

1. Mr B complains the Council wrongly decided his van was abandoned and did not follow the correct process before destroying the vehicle. Mr B says the loss of his vehicle and the tools inside affected his ability to work. Mr B would like the Council to issue a formal apology and pay him over £10,000 for the loss of his vehicle and tools, plus compensation for his loss of earnings and the distress he has suffered. Mr B would also like the Council to cancel any fees wrongly charged to him.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The Act says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by Mr B.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We generally do not investigate complaints about damage to property and we cannot order an organisation to pay a person compensation.
7. The courts are in the best position to decide such claims, and only a court can order a party to pay damages. Because of the seriousness of the matter complained about, I find it is reasonable and proportionate to expect Mr B to take the Council to court. The initial fee is relatively modest and Mr B can seek legal advice if needed.
8. So, we will not investigate this complaint.

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Final decision

9. We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.

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Investigator's decision on behalf of the Ombudsman