Summary: We will not investigate Mr X’s complaint about the Council removing and disposing of his motorcycle security chains. This is because it is reasonable to expect Mr X to go to court to seek reimbursement for the cost of replacement motorcycle chains.

The complaint

1. Mr X complains about the Council removing and destroying three motorcycle security chains that had been attached to a lamp post outside his home.
2. Mr X says he suffered financial loss, distress and inconvenience because he had to purchase replacement chains costing £287.97. He wants the Council to reimburse this cost, apologise, and review its procedures for dealing with allegedly abandoned property.

Back to top

The Ombudsman’s role and power

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The Council investigated Mr X’s complaint. The Council said the chains were considered abandoned because they were not attached to a motorcycle. It also said that officers were not required to establish ownership before removal. The Council accepts previous correspondence had incorrectly suggested a notice would have been attached, but it said a notice was not legally required. It declined to reimburse Mr X for property removed under its enforcement powers. The Council did not uphold the complaint.

6. We will not investigate. The main injustice claimed is financial loss arising from the alleged wrongful destruction of property, and a court is better placed than the Ombudsman to determine liability and award compensation. The Ombudsman will not normally investigate a complaint where the complainant can appeal to court.
7. Courts are better placed than the Ombudsman to assess Council liability for damage or loss of property, and any resulting damages. The court can make findings on liability and, if appropriate, award compensation. The Ombudsman has no power to legally determine liability nor compel the Council to award compensation. Therefore, it is reasonable to expect Mr X to go to court.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because it is reasonable to expect him to go to court.

Back to top

Investigator's decision on behalf of the Ombudsman