The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to allow Mr X to install a dropped kerb at his property. This is because there is no evidence to suggest fault affected the Council’s decision.
The complaint
The complainant, who I refer to as Mr X, complains about the Council’s inflexible policy which means he is unable to install a dropped kerb at his property because the proposed parking space is not deep enough.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended) We provide a free service but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council, including its response to his complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
While I understand Mr X is disappointed with the Council’s decision on his application to install a dropped kerb at his property, it is not our role to act as a point of appeal. We cannot question a decision a council has made if it has followed the right steps and considered the relevant evidence and information.
In this case Council policy states a minimum depth is required for the installation of a dropped kerb. Mr X’s space does not meet this minimum so he was refused permission. That earlier dropped kerbs were installed at other properties prior to the introduction of the Council’s current policy, and that other local authorities have different minimum depths, is not evidence of fault.
Final decision
We will not investigate Mr X’s complaint because there is no evidence to suggest fault affected the Council’s decision.
Investigator's decision on behalf of the Ombudsman