Summary: We will not investigate Mr X’s complaint about the Council’s failure to remove an abandoned vehicle. This is because there is not enough evidence of fault on the Council’s part to warrant an investigation.

The complaint

1. Mr X complained the Council did not remove an abandoned vehicle from his street. He said the vehicle was an eyesore and reduced the available parking. He wanted the Council to remove the vehicle.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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 the complainant.
5. I considered the Ombudsman’s Assessment Code.
6. I considered the Refuse Disposal (Amenity) Act 1978.

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My assessment

7. The law says councils must remove vehicles that have been abandoned unlawfully on any land in the open air or on roads.
8. In May 2023, Mr X reported a suspected abandoned vehicle to the Council.
9. The Council investigated Mr X’s concerns and told him it did not consider the vehicle to be abandoned. Therefore, it did not have to remove it.
10. We will not investigate Mr X’s complaint the Council wrongly decided the vehicle was not abandoned. There is not enough evidence of fault by the Council to warrant an investigation. The Council’s records say it inspected the vehicle and made enquiries with the owner. The Council appears to have considered relevant information and has told Mr X the reasons for its decision.
11. Although I accept Mr X disagrees with the Council’s decision, the Ombudsman cannot question or criticise the outcome of a council’s decision provided the council has acted without fault in making it.

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Final decision

12. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman