Summary: We cannot investigate Miss X’s complaint about the information provided by the Council about her move from a council property to a new development owned and operated by a housing association. This is because her complaint about the Council concerns its actions in connection with the provision/management of social housing, which the law prohibits us from investigating, and the housing association is not a body within our jurisdiction.

The complaint

1. The complainant, Miss X, complains the Council provided false and misleading information about her move from a council property to a new development owned and managed by a housing association. She applied for a permit to park her car on-site but the housing association has refused her application and stated she is not eligible for a permit.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. We cannot investigate complaints about private housing associations.

Back to top

How I considered this complaint

5. I considered information provided by Miss X and the Ombudsman’s Assessment Code.

Back to top

My assessment

6. The housing association is not a body within our jurisdiction; we cannot therefore investigate Miss X’s complaint that the housing association refused her application for a parking permit. We also cannot investigate whether the housing association provided any false or misleading information about Miss X’s eligibility for a permit when she made the decision to move to the new development.
7. While the Council is a body within our jurisdiction, the offer to move her to the new development resulted from the fact she was a secure council tenant and the Council intended to demolish and redevelop the site of her old property. Any complaint about the information it provided to Miss X about her move therefore concerns its actions in connection with the provision and management of social housing. As such it falls outside our jurisdiction as set out at Paragraph 3.
8. Miss X may wish to refer her complaints about the Council and the housing association to the Housing Ombudsman.

Back to top

Final decision

9. We cannot investigate this complaint. This is because the complaint falls outside our jurisdiction.

Back to top

Investigator's decision on behalf of the Ombudsman