Summary: We will not investigate this complaint about the Council’s decision not to replace the kerb stones on the complainant’s crossover. 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 the Council will not replace the quadrant kerbs with tapered kerbs on his crossover. He wants the Council to replace the kerb stones.

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

How I considered this complaint

3. I read the complaint and the Council’s response. I found out from the Council that Mr X can pay to upgrade the kerb stones. I invited Mr X to comment on a draft of this decision.

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What I found

Crossovers

4. People can apply to install a vehicle crossover. The resident has to pay for the work.

What happened

5. Mr X has a crossover. The crossover has quadrant kerbs rather than tapered kerbs. Mr X says the quadrant kerbs damage his tyres which are expensive to repair or replace. Mr X asked the Council to replace the kerbs.
6. The Council visited and then declined his request. The Council explained that his crossover was built many years ago when quadrant kerbs were used. Under the current crossover policy the Council uses tapered kerbs. The Council said it would use tapered kerbs if Mr X extended the crossover. It also said it would upgrade the kerbs when it does planned work to the footway. It said there is no work planned for his path. It said it would not replace the kerbs outside of planned maintenance.
7. I asked the Council if Mr X can pay to upgrade the kerbs. The Council said he could. Mr X would need to seek consent from the Council before doing any work to the path.

Assessment

8. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council gave permission for the crossover and, at the time, the policy was to use quadrant kerbs. Since then the policy has changed and the Council uses tapered kerbs. But, there is no requirement for the Council to retrospectively change all the crossovers to fit the current policy. The Council will, however, do this as part of planned maintenance or at the request of Mr X if he is willing to pay for the work.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman