Summary: We will not investigate this complaint about the Council’s decision to remove Mr X’s business vehicle from a public road. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained about the Council’s decision to remove his business vehicle in line with its abandoned vehicle policy.
2. Mr X said the matter has caused him distress and financial loss.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council after it removed his business vehicle and placed it in a storage facility for abandoned vehicles. Mr X said the vehicle was parked on a private road and the Council should have notified him before removing it.
7. The Council said the vehicle’s presentation led the officer who attended the site to conclude it had been abandoned. The Council told Mr X the road the vehicle was parked on was a public highway and there is no legal requirement to inform the owner prior to removing a vehicle from a public highway. The Council gave Mr X information about where the vehicle was stored and offered him a reduced collection price.
8. Mr X remained unhappy with the situation and brought the complaint to us.
9. The Council has provided Mr X with an explanation for why the vehicle was removed and confirmed that the vehicle was parked on a public highway. There is no evidence the Council was at fault for removing the vehicle. The Ombudsman will not investigate complaints if the evidence indicates we would be unlikely to find fault with the Council’s actions.

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Final decision

10. We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman