Summary: We do not find fault with the Council for refusing to allow Mrs B to buy a parking permit for a Controlled Parking Zone (CPZ).

The complaint

1. Mrs B complains she did not have access to parking because of construction work at her block of flats. She also complains about the Council’s decision not to allow her to buy a parking permit for nearby residents parking.
2. She says this caused her stress and inconvenience because she was unable to park near her flat.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
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)
5. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I considered the information Mrs B provided with her complaint along with relevant law and guidance.
7. Mrs B and the Council had the opportunity to comment my draft decision. I carefully considered any comments I received.

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What I found

Law and guidance

8. The Local Government Act 1974 says when a council is acting as a landlord of social housing, the Ombudsman has no jurisdiction. This jurisdictional bar extends to the council’s role in managing housing land, including the provision of residential parking. The Ombudsman has no discretion to make an exception to this rule.
9. Controlled Parking Zones (CPZ) are created by councils under a Traffic Management Order (TMO). These are legal orders made by the Council under the Road Regulation Act 1984.
10. A TMO regulates the use of highways for movement and parking.
11. Residents can only apply for a parking permit in the CPZ they are live in.

What happened

12. Mrs B lives in a council owned flat. There is a carpark available for residents.
13. In 2020 there was construction work at the flats which meant some of the carpark was unavailable.
14. Mrs B tried to apply for a residents permit to park in a nearby CPZ. The Council refused to issue a permit.
15. She complained to the Council in December 2020 and received a final response in February 2021. She remained unhappy and complained to the Ombudsman.

My findings

16. I do not find fault with the Council for refusing to allow Mrs B to buy a residents parking permit for a CPZ.
17. Mrs B does not live in a CPZ and is not eligible to apply for a parking permit. However, the Council did consider making an exception. It decided it was not able to because it would put too much pressure on the existing parking in the CPZ.

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Final decision

18. I do find fault with the Council.

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Parts of the complaint that I did not investigate

19. I did not investigate Mrs B’s complaint the Council failed to provide parking during the construction work at the flats. This part of the complaint is out of our jurisdiction because the Council is acting in its role as landlord of social housing.

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Investigator's decision on behalf of the Ombudsman