Summary: We will not investigate this complaint about how the Council dealt with applications to build vehicle crossovers on the road where the complainant lives. This is because we are unlikely to find fault by the Council.

The complaint

1. Mr X has complained on behalf of Mr Y about how the Council dealt with a request for permission to drive over a footway and build a dropped kerb. The Council recently gave the owners of another property on the road permission to build a dropped kerb. Mr X says the Council has not dealt with the applications consistently and treated Mr Y unfairly.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered Mr Y’s complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision.

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What I found

4. Mr Y contacted the Council to request permission to drive over the footway. The Council refused the request as it said there was not enough space available in front of the property.
5. Mr X was unhappy with the Council’s decision and complained to the Ombudsman on Mr Y’s behalf. We assessed the complaint but decided not to investigate as we considered it unlikely we would find fault by the Council.
6. Since Mr X complained to the Ombudsman, the owners of another property on the street have been given permission to build a dropped kerb. Mr X has complained the Council has been inconsistent and shown favouritism towards the other applicant who he says is employed by the Council.

Assessment

7. I will not investigate this complaint about how the Council dealt with requests to build vehicle crossovers on the road where Mr Y lives. This is because I am unlikely to find fault by the Council.
8. Mr X remains unhappy with the Council’s decision to refuse Mr Y’s request for a dropped kerb. But the Ombudsman dealt with a complaint about the Council’s decision in 2017 and therefore I will not consider this matter again.
9. I have considered the concerns Mr X has raised about what has happened since his 2017 complaint to the Ombudsman. He says the Council’s decision to give permission to another resident on the street shows it has dealt with the requests inconsistently and treated Mr Y unfairly. However, the Council will consider each application on its own merits. It explained the differences between the applications and decided the other application for the road was acceptable as the space available for the proposed parking area was only slightly below the requirements in its guidance. I understand Mr X disagrees, but the Council was entitled to use its professional judgement in this regard. As it properly considered the application before granting permission it is unlikely I could find fault.
10. Mr X says the officer that dealt with the applications has committed crimes and acted fraudulently. However, the Ombudsman cannot investigate allegations of criminal offences.

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Final decision

11. We will not investigate this complaint. This is because it is unlikely we would find fault by the Council.

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Investigator's decision on behalf of the Ombudsman