Summary: We cannot investigate this complaint about the lack of disabled parking provision on Ms Y’s estate. This is because the law says we cannot investigate complaints about the provision or management of social housing by a Council acting as a landlord.

The complaint

1. Ms Y complains about the lack of disabled parking provision on her estate. She says it is unfair that she must park on an alternative street.
2. Ms Y feels the Council is discriminating against her and says it has breached the Equality Act.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. The Housing Ombudsman is responsible for considering complaints about the provision or management of social housing by a Council acting as a landlord.

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How I considered this complaint

6. I considered information provided by Ms Y and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms Y complained to the Council about a lack of disabled parking provision on the estate she lives, and inadequate garage conditions. She said she had been placed at a disadvantage as a disabled resident. Ms Y is a social housing tenant, and the Council is considered her landlord. Therefore, we cannot investigate this complaint because the law prevents us from doing so.
9. The Housing Ombudsman are better placed to consider this part of the complaint, as it is about matters within its jurisdiction to investigate.
10. Ms Y says the Council has discriminated against her and has breached the Equality Act. We cannot decide if an organisation has breached the Equality Act as this can only be done by the courts. But we can make decisions about whether an organisation has properly taken account of an individual’s rights in its treatment of them. I acknowledge Ms Y feels she has been treated unfairly. But I have not seen sufficient evidence to suggest the Council has discriminated against her or treated her differently because of her disability.
11. Mr Y has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

12. We will not investigate Ms Y’s complaint because it is out of our jurisdiction to do so. The law says we cannot investigate complaints about the provision or management of social housing by a Council acting as a landlord.

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Investigator's decision on behalf of the Ombudsman