Summary: The Ombudsman will not investigate how the Council considered the complainant’s application for a dropped kerb. He is unlikely to find fault by the Council and so cannot question its decision to refuse the application.

The complaint

1. The complainant, who I refer to here s Mr B, has complained because the Council has refused his application for a dropped kerb to access off-street parking at him home.

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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’. (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 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

4. I have considered what Mr B said in his complaint and information he provided. This included extensive correspondence and the Council’s responses to his concerns. Mr B commented on a draft before I made this decision.

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What I found

5. Mr B applied to the Council for a dropped kerb at his home. The Council considered his application against its published criteria and decided not to accept it.
6. Mr B has appealed to the Council against the refusal and provided information to support his view that the Council’s decision is wrong. His MP and the Council’s Chief Executive have also been involved. Despite this, the Council has not altered its view that Mr B’s application should be refused.
7. We do not provide a right of appeal against the Council’s decision. It is not our role to consider the merits of the Council’s view of Mr B’s application. I have seen nothing to suggest the Council has not considered what Mr B has said. Having done so, it was entitled to reach a decision not to allow his application.

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Final decision

8. I have decided we will not investigate this complaint. This is because we are unlikely to find fault in how the Council considered Mr B’s application and so cannot question its decision to refuse it.

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Investigator's decision on behalf of the Ombudsman