The Ombudsman's final decision
Summary: We will not investigate Mr B’s complaint about the Council’s refusal of his vehicle crossover application. This is because the information does not indicate the Council’s decision was affected by fault.
The complaint
Mr B complains the Council wrongly refused his application for a vehicle crossover and cannot explain its decision.
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 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))
How I considered this complaint
I considered information provided by Mr B and the Council. I have read the Council’s Residential Domestic Vehicle Crossover Policy, which is available on the Council’s website. I have also viewed Mr B’s property on Google Streetview.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council refused Mr B’s application because it would involve the reduction of green amenity space outside his property and the removal of a tree. These factors are outlined in the Council’s vehicle crossover policy and were relevant criteria for the Council to consider when making this decision.
The Council has also explained that other properties may have had crossovers constructed before the Council adopted a formal crossover policy and they cannot be used as a precedent.
In addition, in response to Mr B’s complaint, the Council considered Mr B’s suggestion to design the crossover in such a way that the tree could be kept. The Council explained why this would not be acceptable.
The information does not indicate there was any fault in the way the Council reached its decision. So, an investigation is not justified.
Final decision
We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman