Summary: We will not investigate this complaint about the Council’s decision to reject 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 Ms X, disagrees with the Council’s decision to reject her application for a dropped kerb.

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 response. I looked at a photograph of the site provided by Ms X and considered the dropped kerb policy. I invited Ms X to comment on a draft of this decision.

Back to top

What I found

Dropped kerb policy

4. The rules say the parking space must have a minimum length of at least 5.5 metres and a width of at least 2.4 metres.
5. The FAQs explain that some dropped kerbs were built some time ago and may not meet current standards.

What happened

6. Ms X applied for a dropped kerb. The Council rejected her application because the parking space is not 5.5 metres long.
7. In response to her complaint the Council explained that other dropped kerbs may have been approved historically using different rules. It said that since 2009 only two dropped kerbs have been built in her road and they met the space standard. It explained it assesses each application on the rules in force at the time of application.
8. Ms X disagrees with the decision. She agrees the parking space is not 5.5 metres long but says the space is large enough to park horizontally. Ms X has provided a photograph of a car parked horizontally on the drive. Ms X says her car has been damaged while parked on the road and it would be safer for her children if she had a dropped kerb. Ms X says it is unfair that other people have dropped kerbs. Ms X wants a site meeting so she can fully explain her position.

Assessment

9. I will not start an investigation because there is insufficient evidence of fault by the Council. The rules state the parking space must be at least 5.5 metres long. Ms X’s parking space is 4.33 metres long. As Ms X’s parking space does not meet the minimum space requirement there is no suggestion of fault and no reason to start an investigation.
10. The Council has explained that each application is assessed against the rules in force when the application is made. The presence of other dropped kerbs which do not meet the current standards, does not mean the Council must approve Ms X’s application, contrary to the current rules.
11. I appreciate Ms X disagrees with the Council’s decision. But, we do not act as appeal body and we cannot intervene because a council makes a decision that someone disagrees with. In addition, we could not ask a council to approve an application which would breach the current policy.

Back to top

Final decision

12. 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