Summary: We cannot investigate Mr X’s complaint about the Council’s handling of his application for a vehicle crossover. This is because the issues he raises concern the Council’s management of social housing land. As such, the complaint falls outside our jurisdiction.

The complaint

1. The complainant, Mr X, complains about the Council’s handling of his application for a vehicle crossover. He complains the Council has taken too long to deal with his application and has not provided a valid reason for refusing it. He is also unhappy with the Council’s handling of his complaint.

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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)

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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’s property faces onto an open grassed area which is more than 15m long. He applied for a vehicle crossover in 2021 and the Council’s highways department referred the matter to its housing department as the owner of the grassed area. The housing department has confirmed it will not grant permission for a crossover as it may lead to drainage issues, set a precedent for others, cause damage to the grassed area and present a health and safety risk. It considers the space needs to be protected.
7. Because the decision relates to an issue of estate management by the Council in its capacity as a registered social housing provider, we cannot investigate it.
8. The Council’s delay in dealing with the application relates to the consideration of the application by the housing department and therefore also falls outside our jurisdiction. We also could not say any delay caused Mr X significant injustice, as the Council has ultimately refused the application. Mr X has not therefore been left without a crossover for any longer than he should have.
9. The courts have said that where we cannot investigate a complaint about the main or underlying issue, we cannot normally investigate related issues either. (R (on the application of M) v Commissioner for Local Administration in England [2006] EWHC 2847 (Admin)). So, where the substance of a complaint is not subject to investigation, the Ombudsman does not investigate the Council’s handling of the issue in isolation.

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Final decision

10. We cannot investigate this complaint. This is because it concerns an issue which is not within our jurisdiction.

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Investigator's decision on behalf of the Ombudsman