The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to grant a neighbour’s application for a dropped kerb. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Ms X, says the Council should not have approved her neighbour’s application for a dropped kerb because it does not meet the policy requirements. Ms X says the dropped kerb is causing her problems when she uses her drive and leading to disputes with the neighbour.
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 Ms X and the Council. This includes the complaint correspondence and a video provided by Ms X. I also considered our Assessment Code.
My assessment
The Council granted consent for a neighbour to have a dropped kerb.
Ms X complained to the Council and said it should not have granted consent because the crossover does not meet the policy requirements. Ms X specifically referred to the space requirements.
An officer inspected the dropped kerb. The officer found the dropped kerb meets the rules. The Council told Ms X it had correctly granted consent in accordance with the policy.
I will not start an investigation because there is insufficient evidence of fault by the Council. This is because the Council acted appropriately by inspecting the dropped kerb and confirming it has been approved and constructed in accordance with the rules. There is nothing more I would expect the Council to have done and it is not our role to question the findings of the inspector.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman