The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s removal of Ms X’s car to the car pound. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
Ms X complains the Council unlawfully removed her car to the car pound. She says the car should be released without charge as it was removed without her consent and that she should be paid compensation for the inconvenience caused to her.
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 how the organisation made its decision, 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 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))
How I considered this complaint
I considered information provided by the complainant, including the Council’s response to her complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council removed Ms X’s car parked on one of its housing estates and took it to the car pound because its MOT had expired the week before its removal. It refused to release the vehicle without charge to Ms X who argued her car had not been unroadworthy and she had been waiting for a garage appointment for the MOT.
Ms X has said her car was roadworthy and had valid road tax. However, as it did not have a current MOT at the time it was removed, it was classed as unroadworthy. The condition of the car and presence of car tax has no bearing on this position. The Council followed its normal procedures in removing an unroadworthy car to the pound and having done so it was not obliged to arrange its release without charge.
While this is disappointing for Ms X, there is no evidence to suggest fault by the Council sufficient to warrant an investigation.
Final decision
We will not investigate Ms X’s complaint because we unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman