Summary: We cannot investigate Mr X’s complaint about information provided by the Council as part of a mutual exchange of properties under its housing function. This is because the law does not allow us to investigate complaints about the provision or management of social housing.

The complaint

1. The complainant, Mr X, is a housing association tenant. He complains the Council provided inaccurate information about his eligibility for a parking permit as part of a mutual exchange. When Mr X moved to his new property he applied for a parking permit but the Council refused his application on the basis the property was part of a “car-free” development. Mr X says he needs to be able to park his car close by and he therefore wants the Council to grant him a permit.

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The Ombudsman’s role and powers

2. 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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating(Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. While Mr X and the Council have largely dealt with this matter as a complaint about the Council’s decision to refuse Mr X’s application for a parking permit, which is an issue which falls within our jurisdiction to investigate, there is not enough evidence of fault in the decision to warrant investigation. The property Mr X has moved to is not eligible for a parking permit and the Council was therefore entitled to refuse his request.
8. The substantive issue here lies in the Council’s incorrect advice to Mr X about his eligibility for a parking permit at his new property. This advice was given as part of the mutual exchange process, which relates to the Council’s provision and management of social housing. We cannot therefore investigate it, as set out at Paragraph 4.
9. If Mr X wishes to pursue the matter further he may wish to make a complaint to the Housing Ombudsman. The Housing Ombudsman deals with complaints about the mutual exchange process and they will reach their own decision about whether the complaint falls within their jurisdiction and if they will investigate the complaint further.

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Final decision

10. We will not investigate this complaint. This is because the substantive issue concerns advice given by the Council as part of the process for a mutual exchange of properties between council tenants and the law does not allow us to investigate such matters.

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Investigator's decision on behalf of the Ombudsman