Summary: We will not investigate this complaint about the Council’s actions relating to Mr X’s car. Mr X has an alternative legal remedy to pursue action through the courts and it would be reasonable to expect him to do so.

The complaint

1. Mr X complained the Council did not protect his car when it was abandoned on its land.
2. Mr X says the Council should compensate him for the loss of his car.

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The Ombudsman’s role and powers

3. The law 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)
4. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

5. I considered information provided by Mr X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X said he received an abandonment notice from the Council after his car was left on Council-owned land. Mr X said the car disappeared before he was able to move it.
8. As this relates to the loss of a car, it is reasonable to expect Mr X to take the matter to court to determine liability. We cannot decide this, only a court can.
9. We cannot order the Council to award compensation to Mr X for the loss of his car. Only a court can do this. Mr X can enquire with his car insurer if he believes the Council is liable.

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Final decision

10. We will not investigate Mr X’s complaint because it is reasonable to expect him to make his claim about the Council’s liability at court.

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Investigator's decision on behalf of the Ombudsman