The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of the removal of Mr X’s vehicles as abandoned. This is because there is no evidence to suggest fault by the Council.
The complaint
The complainant, who I refer to as Mr X, says the Council illegally removed his vehicles and failed to follow the prescribed procedures. He says as a result he has lost property and business for which he should be compensated.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about its decision to treat two of his vehicles as abandoned and its actions in removing them to the pound.
The Council responded in some detail to the issues raised by Mr X but it did not uphold his complaint.
It is not our role to act as a point of appeal. We cannot question decisions made by councils if they have followed the right steps and considered the relevant evidence and information. There is no evidence to suggest fault affected the Council’s decisions here.
Mr X alleges that officers were racist. The Council addressed this claim in responding to the complaint but found no evidence to support the allegation. I have seen no evidence to suggest racism by the Council or its officers.
Mr X says his human rights with regard to the ownership and enjoyment of property have been violated. The Ombudsman’s remit does not extend to making decisions on whether or not a body in jurisdiction has breached the Human Rights Act – this can only be done by the courts. Moreover, the Human Rights Act does not appear relevant to this complaint.
Final decision
We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.
Investigator's decision on behalf of the Ombudsman