Summary: We will not investigate this complaint about the Council’s management of Mr X’s rented garage. This is because there is not enough evidence of fault to justify investigating, and parts of the complaint are now subject to court action.

The complaint

1. Mr X complained the Council had failed to resolve access issues to his rented garage. He said the Council had tried to evict him from the garage and have harassed and threatened him. He said the experience has been stressful, and he was not able to work because he could not access his vehicle in the garage. He would like the Council to resolve the issue of parking outside the garage, or offer him an alternative, accessible garage. He would also like the Council to stop all threats until the matter is resolved, discipline members of staff involved in harassment and pay him compensation for stress and anxiety.

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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. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

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

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My assessment

6. Mr X has occupied a Council garage since 2021, at site A. Mr X said he found access to the garage limited due to illegal parking near the garages. Mr X complained that in late 2024 the Council had changed the locks to the garage and sought a repossession notice.
7. Garage Access
8. The Council said it had asked the garage site to be added to parking enforcement patrols. It also advised Mr X how he could report illegal parking via their website.
9. Mr X said the Council had made parking opposite the garage legal. In its complaint response, the Council said the parking bays opposite the garage had been re-painted in 2023, however the distance to the garages had not changed.
10. In its complaint response, the Council said Mr X wanted to move to a different garage site (site B). As a courtesy measure, the Council said it did not take rental payment from Mr X for his garage at site A while waiting for a garage to become available at site B.
11. The Council said it had offered Mr X six different garages at four sites since 2021. It said Mr X refused all six garages as being unsuitable. The Council provided Mr X with the choice of paying rent for the garage at site A, or removing his vehicle from the garage.
12. We will not investigate this complaint because there is not enough evidence of fault to justify investigating. The Council took steps to address illegal parking at site A and offered Mr X a number of alternative garages. It also advised the parking bay opposite the garage had not altered in distance.
13. Court action
14. Mr X complained that he had experienced harassment from Council staff. The Council withdrew Mr X’s complaint about harassment because the underlying issue was subject to legal proceedings. We cannot investigate this part of the complaint because it relates to court action.
15. Mr X said that he wanted compensation for stress and anxiety. We cannot investigate this part of the complaint because the Council has advised that Mr X has started court action for a compensation claim.

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Final decision

16. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating, and parts of the complaint are now subject to court action.

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Investigator's decision on behalf of the Ombudsman