Summary: Mr X complained after the Council refused his dropped kerb application. The Ombudsman will not investigate this complaint. This is because it is unlikely that we would find fault in how the Council reached its decision and we cannot question a decision that was made without any fault.

The complaint

1. Mr X complained after the Council refused his dropped kerb application. He said that the Council treated him unfairly because there are other properties on his street that could install a dropped kerb.

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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 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 or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. 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. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered the complaint Mr X made to the Council and its responses.
5. Mr X had an opportunity to comment on my draft decision. I considered his comments before making a final decision.

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What I found

Background

6. Mr X applied to the Council for a dropped kerb outside of his property.
7. The Council rejected Mr X’s application. It explained the policy requires the space in front of the property to be at least 5 meters deep and 2.5 meters wide.
8. Mr X’s property does not meet the minimum depth requirements.
9. Mr X appealed the Council’s decision and said there are other houses near to his property that have dropped kerb with much smaller area in front of their house.
10. Mr X also said that his car has been damaged when he parked it on the road, and a dropped kerb would prevent any further damage. However, he clarified that the main reason for his dropped kerb request is to safely transport members of his family to and from his property.
11. The Council dismissed the appeal and it told Mr X that it considers each application on its own merits. Just because other applications in the area were successful does not mean that the Council will accept Mr X’s application automatically.
12. The Council also explained that the police deal with any criminal damage reports, and that is who Mr X should contact in the future.

Assessment

13. I understand that Mr X disagrees with the Council, but we cannot question a decision that it took in line with procedure and policy.
14. The Council told Mr X why it rejected his application, and it is unlikely that we would find fault in how the Council reached its decision.

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Final decision

15. The Ombudsman will not investigate this complaint. This is because it is unlikely that we would find fault in how the Council reached its decision and we cannot question a decision that was made without any fault.

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Investigator's decision on behalf of the Ombudsman