The Ombudsman's final decision
Summary: We cannot investigate this complaint about a large vehicle parking in a council estate car park. This is because the parking conditions form part of the tenancy agreement and the law prevents us from investigating a complaint which involves a council acting as a landlord.
The complaint
The complainant, Mrs X, complains about a large vehicle which parks in a council estate car park which she has use of as a council tenant. Mrs X wants the Council to withdraw consent so the owner of the large vehicle can no longer park in the car park.
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)
How I considered this complaint
I considered information provided by Mrs X and the Council. This includes an extract from the tenancy agreement which relates to use of the car park. I also considered our Assessment Code.
My assessment
Mrs X, and the owner of the large vehicle, are council tenants. The tenancy agreement allows residents to park in the estate car park provided the vehicle is taxed, roadworthy and does not cause any problems or obstructions.
Mrs X says the vehicle is too large for the car park and causes problems. She wants the Council to withdraw permission for the resident to park the vehicle in the car park.
The law says we cannot investigate any complaint which involves the Council acting as a landlord. The decisions relating to the use of the car park have been made by the housing service and are linked to Mrs X’s tenancy. This means we have no power to start an investigation and we cannot intervene.
Final decision
We cannot investigate this complaint because the law prevents us from investigating complaints about a council acting as a landlord and carrying out housing management functions.
Investigator's decision on behalf of the Ombudsman