Summary: The Ombudsman will not investigate Ms B’s complaint about the Council’s decision not to install kerb edging along her frontage. There is insufficient evidence of fault by the Council so an investigation is not warranted.

The complaint

1. Ms B complains the Council have not installed kerb edging along her frontage. Ms B says this is leading to mud splattering along her cottage wall. Ms B is also unhappy the Council have not cleaned the roads and she has spent time doing this herself.

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

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How I considered this complaint

3. I reviewed Ms B’s complaint to the Council, its responses and additional information from Ms B. I shared a draft of this statement with Ms B and invited her comments.

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What I found

4. Ms B says there is a lack of kerb edging along her frontage. This results in the lawn edging being churned up and turning into mud. The mud travels along the gutter when it rains which leads to mud splattering on her cottage wall. Ms B says she has been clearing the mud by using a shovel and broom four times a year. Ms B says the Council no longer regularly sweeps the kerb because there are no kerb edgings which she finds frustrating.
5. Ms B raised her concerns with the Council. The Council came out and inspected the road outside Ms B’s property and it said there was no evidence of damage to the highway verge by passing vehicles. The Council also did not consider kerbing was required along the section of the road and it would only recommend installing it in special cases where the road required safety fencing. In relation to street cleansing, the Council said the District Council set the criteria which was that it would not undertake regular street cleansing if there was no kerb. However, if there was excessive mud, the Council said it would act if it could see it was causing an immediate danger to road users.
6. Ms B says she is a pensioner and shouldn’t be spending four times a year cleaning the mud. She wants the Council to install kerb edging along her frontage and for street cleansing to be introduced regularly.
7. The Council’s explanation for not introducing kerb edging along Ms B’s frontage is a reasonable one. The Council took the appropriate action by inspecting the road. However, on that occasion, it decided no further action was necessary. Councils must prioritise repairs and maintenance of the highways according to their urgency and danger to the public. Based on the information available, there is not enough evidence of fault by the Council to warrant an investigation.

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Final decision

8. The Ombudsman will not investigate Ms B’s complaint. There is insufficient evidence of fault by the Council so an investigation is not warranted.

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Investigator's decision on behalf of the Ombudsman