Summary: The Ombudsman cannot investigate this complaint about bailiffs removing the complainant’s car. The complainant has sought a remedy in court.

The complaint

1. The complainant, who I refer to here as Mr B, has complained bailiffs acting for the Council wrongly removed his car.

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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 law says we cannot investigate a complaint when someone has sought a remedy in court; we have no discretion in this. (Local Government Act 1974, section 26(6)(c), as amended)
4. The courts have decided this restriction applies even if the court action did not provide a remedy for all the claimed injustice.

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How I considered this complaint

5. I have considered what Mr B said in his complaint and background information provided by the Council.

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What I found

6. The Council employed bailiffs to collect an unpaid penalty charge for a motoring contravention. They removed Mr B’s car despite him insisting he was not the owner of the car at the time of the contravention.
7. Mr B made a claim in court against the bailiffs. Both sides agreed to settle the matter by mediation and it has been closed.

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Final decision

8. I have decided we cannot investigate this complaint because Mr B has sought a remedy in court.

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Investigator's decision on behalf of the Ombudsman