The Ombudsman's final decision
Summary: We cannot investigate Mr B’s complaint about the Council not taking action about unauthorised parking at a Council housing estate. This is because we cannot investigate complaints about the management of social housing, including housing estates, by a council acting as a social landlord.
The complaint
Mr B complains the Council is failing to take action about unauthorised parking at the Council housing estate next to the building where he lives. Mr B says residents often park on the lawn and have permanently damaged it. Mr B says the Council has not done anything to address this problem. Mr B would like the Council to take action to stop unauthorised parking on this estate.
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 provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended) We investigate 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: any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B’s complaint is about the Council’s management of parking at one of its housing estates. This land is not included in a Traffic Management Order, which would give the Council the power to issue Penalty Charge Notices for unauthorised parking. So, the Council’s management of parking on this estate is in its role as a social landlord.
We cannot investigate complaints about the management of social housing by a council acting as a social landlord.
This restriction applies to complaints, like Mr B’s complaint, which are about the management of parking on a council housing estate which is not covered by a Traffic Management Order (in London) or a Traffic Regulation Order (outside London).
This means we have no discretion to investigate the issue Mr B complains about.
But, even if we had the power to investigate Mr B’s complaint, we would not start an investigation. Mr B does not live on this estate and does not have access to a parking space. So, Mr B is not significantly affected by the issue he complains about. This means the alleged fault has not caused Mr B a significant injustice which would justify an investigation by the Ombudsman.
Final decision
We cannot investigate Mr B’s complaint because it is about the management of social housing by the Council.
Investigator's decision on behalf of the Ombudsman