Summary: We will not investigate this complaint about the Council’s actions in relation to vehicles parking on grass verges. This is because it relates to the Council’s role as a social landlord which is out of our jurisdiction. It is unlikely we would find fault with the remaining issues complained about.

The complaint

1. Mr X complains that commercial vehicles are parking on grass verges near his home. He said that it is causing damage to the grass verges and is a hazard to road users and pedestrians. Mr X says the parking problems are stopping him from being able to enjoy the green spaces. Mr X wants the Council to take enforcement action and stop people parking on the grass verges.

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 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr X complained to the Council about vehicles parking on the grass verges. Mr X is a social housing tenant, and his complaint was dealt with by the Council’s tenancy support team. This relates to the Council’s function as a social landlord. We will not investigate this part of the complaint because it is out of our jurisdiction.
8. The Council’s roles in relation to highways and parking enforcement are areas we can look at. The Council’s parking and highways teams considered if there were any actions that could be taken to stop the parking on the grass verges.
9. The Council told Mr X that it has no powers to enforce the parking problems as there are no traffic regulation orders in place. The Council’s highways team also considered if bollards could be installed to protect the verges and explained why this would not be appropriate.
10. I am satisfied the Council properly considered its parking enforcement powers and if it could take action as local highway authority Therefore, it is unlikely I would find fault.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because it relates to the Council’s role as a social landlord. It is unlikely we would fault in relation to the remaining issues complained about.

Back to top

Investigator's decision on behalf of the Ombudsman