Summary: We will not investigate Ms B’s complaint about her late mother’s, Mrs C’s, care provider’s refusal to put a no parking sign outside the property she leased. This is because there is not enough evidence of fault with the actions taken by the care provider warranting an Ombudsman investigation.

The complaint

1. Ms B complained to her late mother’s, Mrs C’s, care provider as a beneficiary of her estate. Ms B says the care provider should put a ‘No Parking’ sign outside the property to stop people from parking saying it blocked the view from the property and may deter people from purchasing it. Ms B is unhappy the care provider has refused to do this.

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The Ombudsman’s role and powers

2. We investigate complaints about adult social care providers and decide whether their actions have caused an injustice, or could have caused injustice, to the person making the complaint. I have used the term fault to describe such actions. (Local Government Act 1974, sections 34B and 34C)

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How I considered this complaint

3. I considered the information and documentation Ms B provided. I sent Ms B a copy of my draft decision for comment.

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What I found

4. Ms B is unhappy with the care provider’s decision not to put a No Parking sign outside of Mrs C’s leased property.
5. The care provider has refused saying it is not a condition of the lease and is unnecessary. It said if Ms B thought it would assist with the sale of the property and knew in advance of visits it will make sure no car is parked there. Ms B says this will not assist the next resident who will not be able to enjoy all the amenities available.

6. Private land owned by the care provider is for it to decide whether to allow parking. We could not say there is any fault with the care provider’s decision not to place a No Parking sign outside of Mrs C’s property. Any injustice caused to Mrs C’s beneficiaries or prospective purchasers of the lease is speculative. The care provider has offered to ensure cars are not parked there if given advanced notice of any viewings, and it will be for the purchaser to consider whether they want to purchase the lease without any exclusion zones around the property which may affect their amenities.

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Final decision

7. We will not investigate this complaint. This is because there is not enough evidence of fault with the actions taken by the care provider warranting an Ombudsman investigation.

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Investigator's decision on behalf of the Ombudsman