Islington Council (202010772)
REPORT
COMPLAINT 202010772
Islington Council
6 April 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
Determination (jurisdictional decision)
- 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.
- 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
- On 17 February 2020, the resident submitted a complaint to the council stating that he was unable to park on the estate as a result of building works. The resident explained that he was occupying a cage parking bay in an underground carpark nearby, and requested use of an additional parking bay for his wife to use. The resident explained that his wife had applied for a parking bay before him.
- The council provided a final response to the complaint on 8 September 2020. It acknowledged that there had been delays in allocating the resident with an additional space and provided information explaining how applications are prioritised.
- The council further explained that they were unable to confirm whether following the building works, whether parking spaces near the estate would become available given the allocation policy.
- The resident brought their complaint to this Service and explained that his parking space had been moved on two occasions. The resident explained that this has resulted in him incurring an additional cost because he is now paying an increased cost for cage parking away from the estate. The resident describes that the situation has caused his family a lot of disruption.
Reasons
- 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.
- In this case, the resident’s complaint concerns their application for a parking space within the vicinity of their property.
- The Council has provided a copy of its policy which sets out how applications will be considered, and who can apply for parking spaces. Section 8.6 of the policy sets out that the Council will accept applications from non-council tenants/leaseholders and other persons. Section 12, sets out that the council accepts application from non-residents which it defines as people who do not live in a council owned managed property.
- The council has also provided copies of the rental agreements for the resident’s three existing parking spaces. These are secured under agreements separate to the resident’s tenancy or leasehold agreement for their property and are located in different areas throughout the borough.
- From the information provided to this Service, I am satisfied that, in accordance with paragraph 36 of the Scheme, this is not a complaint which the Ombudsman will consider further as it does not relate to the resident’s occupation of their property.
- Furthermore, as the council will consider applications for parking spaces from anyone living within the borough, this appears to be a service which it provides in its capacity as a local authority. As such, this may be a matter which the Local Government and Social Care Ombudsman can consider.
- The contact details for the LGSCO are:
https://www.lgo.org.uk/contact-us
0300 061 0614
PO Box 4771
Coventry
CV4 0EH