South Tyneside Council (202105807)

REPORT

COMPLAINT 202105807

South Tyneside Homes

22 July 2021

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 complaint concerns reports of an abandoned vehicle in a parking bay opposite the resident’s property.

Determination (jurisdictional decision)

2. 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.
3. 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

4. On 10 March 2021 the resident raised a complaint with the landlord and explained that there was an abandoned vehicle parked in the bay opposite the property. The resident raised concerns that the condition of the vehicle was such that there was moss, mould and a smell being emitted. The resident questioned why the vehicle was not being maintained and described it as an eyesore.
5. The landlord provided a final response to the complaint on 8 April 2021. It explained that the parking bay was not specifically allocated to a particular property and noted that the environmental health team had declared that the vehicle was safe. The landlord detailed that it had placed a 14 day notice on the vehicle in order to have it removed.
6. The resident raised their complaint with this Service explaining that he considered the vehicle was an eyesore and was not in a safe condition. The resident detailed that he was seeking for the vehicle to be removed.

Reasons

7. Paragraph 36 of the Housing Ombudsman Scheme states that:

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.

8. In this case the resident’s complaint concerns reports of an abandoned vehicle in a parking bay opposite the resident’s property.
9. From information provided by the landlord, this Service understands that the parking bay is not allocated to the resident as part of their property, nor is it located on or adjacent to their property. As such, although it is understandable that the abandoned vehicle is causing the resident frustration, the complaint does not relate to an issue which has adversely affected the resident’s occupation or use of their home. 
10. I am therefore satisfied that, in accordance with paragraph 36 of the Scheme, this is not a complaint which the Ombudsman can investigate further.