Summary: The Ombudsman will not investigate this complaint that the Council allowed the complainant’s neighbour to have a dropped kerb. It is unlikely the Ombudsman would find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to here as Mr X , has complained the Council allowed his neighbour, Mr Y, to have a dropped kerb to allow access to his property. Mr X says Mr Y obstructs his right of way over his property when he parks off the road and the Council should not have assisted this.

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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.
3. 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, section 24A(6), as amended)
4. 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 that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I have considered what Mr X said in his complaint and background information provided by the Council. Mr X commented on a draft before I made this decision.

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What I found

6. Mr Y applied to the Council to have a dropped kerb allowing access to his property across the footway. The Council considered Mr Y’s application against its usual criteria and saw no reason to refuse it.
7. Mr X believes the Council should not have allowed the dropped kerb unless Mr Y received planning permission for it. However, the Council advises applicants they must discuss any planning issues with their local planning authority. The Council cannot decide planning issues.
8. In this case, the relevant local planning authority decided there was an established use and so it did not require an application for planning permission.
9. The Council considers the access issues raised by Mr X are private civil matters between him and Mr Y which it could not take account.

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Final decision

10. I have decided we will not investigate this complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman