The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has not taken action over two abandoned cars. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, complains the Council has not removed two abandoned vehicles. Mr X says it is irrelevant they are taxed as they are not roadworthy and have not moved for five months.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6)) We cannot question whether an organisation’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the complaint correspondence and a photograph of one of the cars. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.
My assessment
The law says it is for the Council to decide if a car is abandoned. Officers should consider factors such as tax, MOT, general condition, number plates, vandalism, broken windows, rubbish and mould, and the length of time the car has been stationary. Not all factors need to be found for officers to decide a car is abandoned. The Council will not usually remove a car which is taxed and in a good condition.
Mr X reported two cars as abandoned. Officers visited several times. One car was reported to DVLA and has since left the area. The Council decided the other car is not abandoned. It explained to Mr X that the car is taxed and has MOT and, while there are flat tyres, is generally in a good condition. The car is not causing an obstruction and has not breached any parking restrictions. The Council spoke to the owner of the car who confirmed it is not abandoned. The Council told Mr X it would speak to the owner again to see it he would park elsewhere.
Mr X says that regardless of the tax and MOT, the fact the car has not moved for so long is enough for the Council to remove it. He says that another car has recently returned to the road. Mr X also says the stationary car takes up space causing other drivers to block access to people’s drives.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council responded appropriately by visiting and, as a result, one car left. Mr X says a car has since returned but cars will come and go especially if there are no parking restrictions. I appreciate there may be access problems, which Mr X blames on the stationary car, but it is for each driver to park responsibly and, irresponsible parking by other drivers, does not mean the Council can treat this car as abandoned.
Officers decided the condition of the remaining car is not such that it could be removed as abandoned and the owner has confirmed it is not abandoned. The car is legally parked and has tax and MOT so, unless the Council decided it is causing an obstruction or is dangerous, it has no power to remove it. I have looked at a photograph of the car and, apart from the tyres, it appears to be in a good condition. Even though the car may have been stationary for some time this is only one of the factors the Council must consider. It is for the Council to decide whether to treat a car as abandoned and there is no suggestion of fault in the way the Council has decided the car is not abandoned.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman