Summary: The Ombudsman will not investigate this complaint about an application for a dropped kerb. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains that he applied for a dropped kerb in March 2019 and he has not received a relevant response.

Back to top

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 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 we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I read the complaint and the Council’s responses. I considered the dropped kerb application form and looked at images of Mr X’s home on the computer (streetview). I considered comments Mr X made in reply to a draft of this decision.

Back to top

What I found

Dropped kerb applications

4. The Council will not grant permission for a dropped kerb if the access would cross a wide verge or amenity area. This is explained on the application form.
5. The 1980 Highways Act (s.184) is the relevant law relating to dropped kerbs. It says a council can approve a request for a dropped kerb, ask for it to be modified or reject the request.

What happened

6. Mr X applied for a dropped kerb in March 2019. The Council refused permission because the crossing would go over a wide grass verge. The Council refused the application in April and has sent Mr X many emails and letters giving further information about why it will not grant permission.
7. Mr X says the Council has not given him a decision about his application.
8. Mr X also says the Highways Act says a council must approve a dropped kerb application. He says he needs a dropped kerb because he has experienced harassment from a neighbour. He also says the Council gave permission for a car park which was built over a grass verge. He says the Council has approved other dropped kerb applications.

Assessment

9. I will not start an investigation because there is insufficient evidence of fault by the Council. I have looked at images of Mr X’s home and a crossover would have to cross a wide grass verge. The policy says the Council will not grant permission if the crossing would cross a wide grass verge. The Council’s decision is consistent with the policy and the Council has explained the decision to Mr X several times. There is no suggestion of fault and no reason to start an investigation.
10. Mr X says the Highways Act says consent must be granted. This is not correct. The Highways Act says a council can approve or reject an application.
11. Mr X says the Council allowed a car park to be built over a grass verge. However, an application to build a car park would be controlled by different rules to those relating to dropped kerbs.
12. It is unfortunate that Mr X has had problems with his neighbour. However, this is not a qualifying condition for a dropped kerb and does not negate the restriction relating to grass verges.
13. Mr X says the Council has approved many other applications. But, each application is assessed individually and the fact that the Council approves an application does not mean it is required to approved every application it receives.
14. Finally, the Ombudsman does not act an appeal body. He cannot intervene simply because a council makes a decision that someone disagrees with.

Back to top

Final decision

15. I will not start an investigation because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman