The Ombudsman's final decision
Summary: We will not investigate this complaint about a dropped kerb because there is not enough evidence of fault to justify investigation.
The complaint
Mr Y complained the Council has provided misleading information on its website relating to where a dropped kerb should be location.
Mr Y says he has had work done on his property to prepare for a dropped kerb, but his application has been refused by the Council, against common sense in his view.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y applied for permission to put in a dropped kerb at his property. The Council rejected his application and after Mr Y appealed to the Council, then rejected his appeal of the application. Mr Y was unhappy about this and complained.
The Council responded, explaining that the point at which Mr Y’s property would have the sufficient depth and width for a dropped kerb would be too close to a tree, which would in turn cause him to drove over the pavement at a diagonal angle, potentially causing a safety hazard for pedestrians.
As the Council has considered the application and has followed its policy, which is available on the Council’s website in its rationale and explanation for not allowing the application, there is no evidence of fault in the decision making process. Consequently, there is not enough evidence of fault to justify investigating Mr Y’s complaint.
Final decision
We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigation.
Investigator's decision on behalf of the Ombudsman