Summary: We cannot investigate parts of Mr X’s complaint about a vehicle crossover. Mr X has complained to the Housing Ombudsman about the same issue, and he has begun court action against the Council. We will not investigate the rest of the complaint because we have already considered a complaint from Mr X about the same matters and there is not enough evidence of significant injustice to warrant an investigation.

The complaint

1. Mr X complained the Council installed a vehicle crossover that does not match the size of his driveway.
2. Mr X said this has resulted in others blocking him in, which makes him anxious, and resulted in a penalty warning.

Back to top

The Ombudsman’s role and powers

3. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
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. 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:

• any injustice is not significant enough to justify our involvement; or
• we could not add to any previous investigation by the organisation; or
• there is another body better placed to consider this complaint.
  (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

8. Mr X complained the size of his driveway does not match the size of the vehicle crossover used to access it. It appears he previously complained to the Housing Ombudsman about the same issue.
9. Mr X also complained the Council did not make reasonable adjustments to its procedures to enable him to communicate with it effectively. Mr X told us he has begun County Court action to address this issue, so we cannot investigate it.
10. The warning issued to Mr X has been addressed in a separate complaint and will not be addressed again here. We could not add to the previous consideration of this issue.
11. Mr X said the Council sent him photographic evidence showing he accessed his driveway illegally. He said this photograph showed an incorrect address. The Council said the address was an automatic ‘geotag’. We have seen the photograph and Mr X’s address can be seen in the image and confirmed in online street views. It is not for the Ombudsman to decide whether the photograph shows what the Council alleges; that is a matter for a court of law.
12. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter. That is the case here.
13. I note the Council has acknowledged delay in its complaint handling and has provided a suitable remedy. However, if we are not investigating the subject matter in a complaint, we will not usually investigate separately the way an organisation handles complaints and correspondence about it. This is because it does not usually cause significant enough extra injustice than the underlying matter to warrant it. (Local Government Act 1974, section 24A(6), or section 34B(8))

Back to top

Investigator's decision on behalf of the Ombudsman