Swindon Borough Council (26 006 411)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 16 Jun 2026
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint that the Council wrongly removed and destroyed his vehicle. This is because it is reasonable for Mr B to take the Council to court.
The complaint
- Mr B complains the Council removed and destroyed his vehicle after wrongly deciding it was abandoned. Mr B says his vehicle was on private land and the Council did not give him sufficient notice before taking this action. Mr B would like the Council to pay him compensation for the loss of his vehicle, which was worth over £60,000, and personal belongings.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by Mr B.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We do not normally investigate complaints about damage to property. This is because in effect such complaints are that an organisation has been negligent. Our role is to consider complaints of administrative fault. Negligence claims are best decided by an organisation’s insurers, and if needed, the courts.
- Mr B may pursue his claim against the Council by taking the Council to court. Only a court can decide if the Council was negligent, and if so, enforce an award of damages. We cannot recommend actions or payments that ‘punish’ an organisation.
- I find it is reasonable for Mr B to do this and such action is proportionate to the large sum Mr B is seeking.
- So, we will not investigate this complaint.
Final decision
- We will not investigate Mr B’s complaint because it is reasonable for him to take the Council to court.
Investigator's decision on behalf of the Ombudsman