The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s removal of the complainant’s car and the fee she had to pay to recover it. There is not enough evidence of fault to justify an investigation.
The complaint
The complainant, I shall call Miss X, complains the Council removed her car without warning from the road outside her home. She says she had to pay £150 to get it back.
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 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)) 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)
How I considered this complaint
I considered information provided by the complainant, including her correspondence with the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council decided to carry out roadworks on the street where Miss X lives. It confirms its contractor sent letters to all homes in the street advising roadworks were planned and the street will be closed during the work. It says the letter included a copy of the Temporary Traffic Regulation Order showing the extent of the work. It also put up signs in the street.
When the work started Miss X’s car remained parked. The Council says the week before the work started, contractors tried to contact her to tell her to move her car. However, they were unsuccessful.
After a few days, the Council could not continue with the work because Miss X’s car was preventing them to progress the work. The Council says after advising the contactor to inform the Police, it removed her car. Miss X had to pay £150 to release it.
I understand the Council’s letter about the planned roadworks did not specify the dates when resident could not park their cars. However, it did confirm that works were planned, and the road would be fully closed during the work period. It also provided a map. I therefore consider that Miss X had sufficient warning that her road would be closed.
Final decision
We will not investigate Miss X’s complaint because there is insufficient evidence of fault in the Council’s action to justify an investigation.
Investigator's decision on behalf of the Ombudsman