Summary: We will not investigate this complaint about a refused drop kerb application because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains about the Council’s decision to refuse his drop kerb application.
2. He said their decision is unfair and that the Council applied its policy rigidly.

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The Ombudsman’s role and powers

3. 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))

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X applied for a drop kerb and the Council refused his application. Mr X appealed against the Council’s refusal.
7. The Council explained that it refused Mr X’s application under its front garden criteria. This states a drop kerb application will not usually be granted if it requires the removal of street trees, highway shrubbery or amenity greens.
8. The Council said that there is a public verge green space in front of Mr X’s house, and it would not remove the green space.
9. Whilst I acknowledge Mr X’s frustration, 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.
10. In this case, the Council has considered Mr X’s circumstances, including the green verge outside his house and the fact he has an electric vehicle. It has then considered its policy and has, in line with that policy, rejected Mr X’s application. While Mr X may disagree with the Council’s decision, it has been made with reference to the relevant policy and following an application of the policy to Mr X’s application.
11. As the decision-making process has been completed properly, there is not enough evidence of fault in the Council’s decision to reject the application to justify our investigation into the matter.

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Final decision

12. We will not investigate this complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman