Essex County Council (21 006 962)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 18 Oct 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s refusal of the complainant’s application for a dropped kerb. We are unlikely to find the Council’s decision was affected by fault.
The complaint
- The complainant, who I refer to here as Mr B, has complained the Council refused his application for a dropped kerb at his home. He also believes the Council should refund the fee he paid for his application.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. 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 are not an appeal body and 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)
How I considered this complaint
- I considered information provided by Mr B and the Council. I considered our Assessment Code.
My assessment
- The Council’s website makes it will likely refuse applications for dropped kerbs that do not meet certain criteria. It is also clear the Council will not refund fees if it refuses an application.
- Mr B believes his application clearly meets the criteria and says he would not have applied if he knew the Council would refuse it. For this reason, he says the Council should refund his application fee.
Final decision
- We will not investigate Mr B’s complaint because it was for the Council to decide whether to approve his application. While I understand Mr B disagrees with the Council’s decision, I have seen nothing to suggest it was affected by fault. Further, the Council was not at fault in refusing a refund because this is in line with its stated policy.
Investigator's decision on behalf of the Ombudsman