South Tyneside Council · Case 202105807 · 22 July 2021
South Tyneside Council — case 202105807
The Ombudsman determined that a complaint about an abandoned vehicle in a parking bay opposite the resident's property was outside its jurisdiction because the parking bay was not allocated to the resident or adjacent to their property, so the issue did not adversely affect their occupation of their home.
Findings by complaint head
Summarised automatically from the decision below. The Ombudsman's decision text is the authoritative record.
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Abandoned vehicle in parking bay
Outside jurisdictionThe complaint about an abandoned vehicle in a parking bay opposite the resident's property was found to be outside the Ombudsman's jurisdiction because the parking bay was not allocated to the resident nor located on or adjacent to their property, so the issue did not adversely affect the resident's occupation or use of their home under paragraph 36 of the Scheme.
The full determination
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 The complaint concerns reports of an abandoned vehicle in a parking bay opposite the resident’s property. 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 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. 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.
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 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 reports of an abandoned vehicle in a parking bay opposite the resident’s property. 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.
I am therefore satisfied that, in accordance with paragraph 36 of the Scheme, this is not a complaint which the Ombudsman can investigate further.
This is a structured summary of a published determination. The official decision is the authoritative record. Contains public sector information licensed under the Open Government Licence v3.0.