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Barking and Dagenham Council (202113031)

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REPORT

COMPLAINT 202113031

Barking and Dagenham Council

6 April 2022


Our approach

What we can and cannot consider is called the Ombudsman’s jurisdiction and is governed by the Housing Ombudsman Scheme. The Ombudsman must determine whether a complaint comes within their jurisdiction. The Ombudsman seeks to resolve disputes wherever possible but cannot investigate complaints that fall outside of this. 

In deciding whether a complaint falls within their jurisdiction, the Ombudsman will carefully consider all the evidence provided by the parties and the circumstances of the case.

The complaint

  1. The Council’s decision to extend a controlled parking scheme to include the area where the resident lives.

Determination (jurisdictional decision)

  1. When a complaint is brought to the Ombudsman, we must consider all the circumstances of the case as there are sometimes reasons why a complaint will not be investigated.
  2. After carefully considering all the evidence, I have determined that the complaint, as set out above, is not within the Ombudsman’s jurisdiction.

Summary of events

  1. The council changed the restrictions which apply to on–street parking in the area and streets surrounding the resident’s property.
  2. In August 2021, the resident submitted a complaint to the council objecting to the proposed changes.
  3. The council provided its final response to the complaint on 24 February 2022 and advised the resident to refer their complaint to the Local Government and Social Care Ombudsman, if they were unhappy with the outcome.
  4. The resident referred his complaint to this service on 1 March 2022.

Reasons

  1. Paragraph 36 of the scheme states: “The person complaining, or on whose behalf a complaint is made must have been, in the Ombudsman’s opinion, adversely affected by those actions or omissions in respect of their application for, or occupation of, property.” 
  2. This service can only consider complaints which concern an action taken by a local authority in its capacity as a landlord and in connection with housing activities related to the resident’s property. While changes to on-street parking may cause the resident inconvenience, it does not directly affect their property, therefore the Housing Ombudsman cannot consider their complaint.
  3. The decision to extend a parking zone is made by the council in its function as a local authority, and not in its capacity as a landlord. If the resident wishes to pursue the matter further, then the Local Government and Social Care Ombudsman (LGSCO) is the right body for the resident to contact, details of which have previously been provided.