The Ombudsman's final decision
Summary: We cannot investigate Ms X’s complaint that the Council issued her the wrong type of parking permit. This is because the issue of parking permits for council estate land, and the enforcement of parking restrictions on council estate land, concern the Council’s management of social housing and complaints about such matters are not within our jurisdiction to investigate.
The complaint
The complainant, Ms X, complains the Council failed to properly advise her about the purchase of a parking permit. She says the Council charged her for a parking permit to park on the highway but she wanted to park on a council estate. She parked in a council estate car park and received seven penalty charge notices (PCNs). The Council has since cancelled the PCNs but Ms X believes she is entitled to compensation and the refund of her permit fee.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate complaints about the management of housing let on a long lease by a council that is a registered social housing provider. (Local Government Act 1974, paragraph 5B, schedule 5, as amended)
How I considered this complaint
I considered information provided by Ms X and the Ombudsman’s Assessment Code.
My assessment
The issue of parking permits for council estate land and the enforcement of parking restrictions on such land are issues which concern the Council’s management of social housing. They are not therefore subject to investigation by the Ombudsman as set out at Paragraph 3.
While Ms X is also unhappy about the way the Council dealt with her complaint, the courts have said that where we cannot investigate a complaint about the main or underlying issue, we cannot normally investigate related issues either. (R (on the application of M) v Commissioner for Local Administration in England [2006] EWHC 2847 (Admin)). So, where the substance of a complaint is not subject to investigation, the Ombudsman does not investigate the Council’s handling of the issue in isolation.
Final decision
We cannot investigate this complaint. This is because complaints about the Council’s management of social housing are not within our jurisdiction to investigate.
Investigator's decision on behalf of the Ombudsman