Hertfordshire County Council (20 002 383)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 08 Sep 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint about the Council’s decision to refuse an application for a dropped kerb at the complainant’s home. It is unlikely he would evidence of fault in how the Council made its decision.
The complaint
- The complainant, who I refer to here as Mr C, has complained the Council has refused his application for a dropped kerb at his home. He says the Council has not taken proper account of his circumstances.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. 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)
- We do not provide a right of appeal against a council’s decision. We cannot question a 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)
How I considered this complaint
- I have considered what Mr C said his complaint and background information provided by the Council. Mr C commented on a draft before I made this decision.
What I found
- Mr C sought permission from the Council to construct a dropped kerb to allow access to off-street parking at his home. The Council refused the application because it did not meet its safety criteria set out in its policy.
- Mr C appealed to the Council, setting out the personal circumstances he believed should override the Council’s policy. The Council considered what Mr C said but was not persuaded to allow the dropped kerb. It explained its reasons to Mr C.
Final decision
- I have decided we will not investigate this complaint. This is because we are unlikely to find fault in how the Council decided to refuse Mr C’s application. While I appreciate Mr C disagrees with the Council, in the absence of fault, we cannot question the merits of that decision.
Investigator's decision on behalf of the Ombudsman