Summary: We will not investigate Mr X’s complaint about the actions taken by the Council’s enforcement agents. The complaint is late with no good reason to investigate it now. It also unlikely that investigation by us could achieve a worthwhile outcome.

The complaint

1. Mr X complains about the actions taken by the Council’s enforcement agents to recover a parking debt. He says the enforcement agents:
• illegally seized and sold his car which he claims is exempt under the Taking Control of Goods Regulations 2013;
• physically and verbally assaulted him and damaged his personal items during the seizure; and
• failed to consider his disability and vulnerabilities or agree to a payment arrangement, leading to the sale of his car.
2. He says the situation has caused him distress and financial hardship. He also complains of difficulties not having a car. He wants the Council to reimburse him the funds from the car sale.

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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, or
• it would be reasonable for the person to ask for a council review or appeal; or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I also considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X complained to us more than 12 months after the car seizure. This makes his complaint late. As paragraph 5 says, we cannot investigate late complaints unless we decide there are good reasons.
9. After the seizure, Mr X complained to the enforcement agents and completed their three-stage complaints procedure. In their final response, they told him to complain to the Council if he was unhappy, following which he could complain to us. Mr X did not complain to the Council. Instead, he complained to the enforcement agents again nine months later. After they did not uphold his complaint, he waited a further three months before complaining to us. He has still not complained to the Council.
10. I acknowledge Mr X’s vulnerabilities. However, the evidence I have seen shows he could navigate and complete the enforcement agent’s complaints procedure and complain to us. I am therefore satisfied it would have been reasonable for him to complain to the Council and come to us, sooner.
11. However, even if the complaint was not late, it is unlikely that any investigation could achieve a worthwhile outcome for Mr X.
12. Whether Mr X’s car is exempt under the Taking Control of Goods Regulations 2013 is a matter of legal interpretation. Only a court can decide on that issue. We also cannot decide on claims of property damage or personal injury and those are matters for the courts. If Mr X wishes to pursue these matters he may wish to seek legal advice.
13. Mr X also says the enforcement agents failed to consider his vulnerabilities or agree to a payment arrangement. But the evidence I have seen shows they considered his circumstances and offered payment arrangements between 2023 and 2024, which Mr X did not keep to. The enforcement agents then decided to continue enforcement action as they determined his car was not essential for his care. I am satisfied there is not enough evidence of fault in how the enforcement agents considered these matters. Investigation by us is unlikely to add anything further.

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Final decision

14. We will not investigate Mr X’s complaint because it is late without good reason to investigate it now and because further investigation by us is unlikely to achieve a worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman