Summary: We will not investigate this complaint about the Council’s decision to refuse Mr X’s application for a vehicle crossover. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complains the Council refused his application for a vehicle crossover at his property. He says the Council’s policy is too restrictive, similar nearby properties have a vehicle crossover and the Council did not carry out a site inspection.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

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

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My assessment

5. The Council refused Mr X’s application for a vehicle crossover. Its policy requires a minimum off-street parking depth of 4.8 metres. It refused the application because Mr X’s property did not meet the Council’s minimum parking depth requirements.
6. The Council explained similar nearby properties were allowed a vehicle crossover under a previous policy.
7. The Council’s policy does not say that site inspections must take place.
8. Mr X also says the Council failed to consider the safety of the highway. The Council explained the minimum parking depth is intended to prevent parked vehicles overhanging the pavement or requiring multiple manoeuvres across the footway, ensuring the full width of the pavement remains available for pedestrians.
9. I have not seen enough evidence of fault in how the Council made its decision to justify investigating. It applied its policy.
10. We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If, as here, we consider it followed those processes correctly, we cannot question whether the decision was right or wrong

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman