Sandwell Metropolitan Borough Council (22 018 069)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about changes to the layout of a car park at the complainants housing association property. This is because the Housing Ombudsman is better placed to consider the issues raised.
The complaint
- The complainant, who I will call Miss X, complains that contractors working on behalf of the Council made changes to the lines in the car park for her housing association home, without permission from the Housing Association. Miss X says that she now has no parking space.
The Ombudsman’s role and powers
- The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I will not investigate Ms X’s complaint. This is because the car park in question is the sole responsibility of the Housing Association. Any complaint about the current layout of the car park and the lack of parking for Ms X is a matter for the Housing Association and then the Housing Ombudsman to consider.
- Ms X says that the Council carried out the work to the car park without permission from the Housing Association but has provided no evidence to support this claim. The Council say its Property Services has had no involvement. Even if the Council was involved with the changes to the car park layout this would be a matter between the Housing Association and the Council.
Final decision
- We will not investigate Ms X’s complaint because the Housing Ombudsman is better placed to consider the issues raised.
Investigator's decision on behalf of the Ombudsman