The Ombudsman's final decision
Summary: We cannot investigate this complaint the Council failed to enforce parking restrictions. That is because the law say we cannot investigate when the Council is acting as a social landlord.
The complaint
Mr X complained the Council failed to take enforcement action against vehicle owners who had parked on green space. He said the Council had asked the Police for support but there had been no progress. He said the parking was damaging the grass.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate the Council’s failure to take enforcement action against vehicle owners who are parking their vehicles on green space. The Council’s complaint response confirms it had written to its tenants asking them not to park on the green space. Therefore, the Council is acting as a social landlord to address the parking. The law says we cannot investigate when the Council is acting as a social landlord.
Final decision
We cannot investigate Mr X’s complaint because it involves the Council acting as a social landlord.
Investigator's decision on behalf of the Ombudsman