Royal Borough of Greenwich (19 011 097)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 03 Jan 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint about the Council’s refusal to drop the kerb outside the complainant’s home. It is unlikely he would find fault in how the Council made its decision.
The complaint
- The complainant, who I refer to here as Ms B, has complained the Council has refused her application for a dropped kerb outside her home.
The Ombudsman’s role and powers
- 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 an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
- We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We do not provide an appeal against a decision but must consider whether there was fault in the way it was reached. (Local Government Act 1974, section 34(3) as amended)
How I considered this complaint
- I have considered what Ms B said in her complaint. The Council also provided background information which included its response to Ms B’s concerns.
What I found
- Ms B asked the Council to lower the kerb so she could park on a space at the front of her house. The Council considered her application but decided to refuse it because it did not meet its published criteria.
- Ms B believes the decision was unfair and complained to the Council. Following two reviews, the Council has confirmed the application does not meet the criteria.
Final decision
U have decided we will not investigate her complaint. This is because we do not provide an appeal against the Council’s decision and we are unlikely to find fault in how it considered Ms B’s application.
Investigator's decision on behalf of the Ombudsman