Summary: Mr X complained the Council refused to refund the money he paid for a dropped kerb after he cancelled the work. We found the Council was at fault. The Council agreed to issue a refund and make a payment for the avoidable distress Mr X suffered.

The complaint

1. Mr X complained the Council refused to refund the money he paid for a dropped kerb after he cancelled the work.
2. Mr X said he was put to time and trouble chasing the Council for a refund, but it ignored his requests. He said this caused him distress and worry.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether an organisation’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)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. As part of the investigation I have considered the following:
• The complaint and the documents provided by the complainant.
• Documents provided by the Council and its comments in response to our enquiries.
• The Council’s dropped kerb procedure.
• The Council’s Highway and Infrastructure Footway Crossings Policy and Information for Applicants (January 2021).
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Council policy and procedure

7. The Council’s website details its dropped kerb procedure. The Council charges a non-refundable application fee (which was £95 at the time of Mr X’s application). This includes inspecting the proposed location.
8. The cost of installing a dropped kerb includes an administration fee (which at the time was £273.00), materials, and labour.
9. The Council will send the applicant a quote for the work and applicants must pay in full before work commences.
10. The Council’s Highway and Infrastructure Footway Crossings Policy and Information for Applicants (the policy) confirms that application fees are non-refundable and administration fees cannot be refunded once the Council has raised a works order.
11. The policy states: ‘Cancellation can only take place prior to construction work beginning’. And ‘only works not carried out at the cancellation time will be refunded’.

What happened

12. I have summarised below some of the key events leading to Mr X’s complaint. This is not intended to be a detailed account of what took place.
13. Mr X applied for a dropped kerb on 26 March 2021. He paid the non-refundable application fee of £95 on 29 March.
14. The Council sent Mr X a quote of £3,641.40 for the work on 5 May. This included an administration fee of £273.
15. Mr X paid in full on 16 July.
16. The Council said its contractor was ready to start the work and attended Mr X’s address on 11 August. Its contractor said Mr X turned them away and asked them to put the work on hold.
17. The Council said its contractor purchased materials for the work between July and August.
18. Mr X emailed the Council on 20 October. He said he was still waiting for a refund for his cancelled drop kerb application.
19. The Council said this was the first time Mr X told it he wanted to cancel his application.
20. In November, Mr X sent an enquiry form to the Council. He said he had received no correspondence from the dropped kerb team about his cancellation and refund request.
21. Mr X complained to the Council on 4 November. He said he cancelled his dropped kerb application a few weeks after paying and had tried to contact the Council by phone and email to request a refund, but it did not respond. He said he had now sold his house and needed the money back.
22. The Council responded on 12 November. It said it issued an order to its contractor on 21 July and its website clearly states when payment is made no refunds can be given. It said its contractor had put Mr X’s dropped kerb on hold until he was ready for them to start the work.
23. Mr X was unhappy with the Council’s complaint response. He said he had sold his home and no longer owned the property, that was why he asked for a refund. He also said the Council’s website only states the £95 application fee is non-refundable.
24. The Council sent its final complaint response on 13 December. It said its contractor ordered the materials and had a potential start date for the work but was turned away. It said its website clearly requested applicants read all information carefully and not make payment unless they agree. It said it could not provide a refund.
25. Mr X brought his complaint to the Ombudsman on 15 December 2021.

Our investigation

26. Mr X told me, following the death of his father, he initially asked the Council to put his application on hold. He then needed to sell his home quickly and so no longer needed a dropped kerb. He therefore asked the Council to cancel his application and refund the money he paid, but unfortunately it did not respond so he had to complain.
27. In response to our investigation, the Council said it had no records of calls from Mr X asking to cancel the work. He asked the contractor to put the work on hold, not cancel it.
28. As a goodwill gesture, the Council offered to refund the money Mr X paid for the dropped kerb, minus the application and administration fees.

Analysis

29. I do not know exactly when Mr X first asked the Council to cancel his application and issue a refund. I have not seen evidence he did this before October 2021. Mr X agreed he initially asked the Council to put the application on hold. However, it is clear he later asked to cancel his application.
30. I have not seen evidence the Council responded to Mr X’s request to cancel his application in October 2021, or to his contact form submitted in November 2021. That was poor practice and led Mr X to make a formal complaint.
31. In the Council’s first complaint response it said its website was clear that it could not issue refunds after a payment is made. That was wrong.
32. In its final complaint response, the Council again mistakenly said it could not give Mr X a refund. It said its contractor had paid for materials and suggested Mr X should not have paid if he did not agree for the work to go ahead. However, there is nothing in the Council’s procedure or the policy which says this.
33. The Council’s website only says it cannot refund application fees. It does not mention refunds for the costs of the work, and it does not say the Council cannot refund those fees.
34. The policy has a section on refunds which makes clear that an application can be cancelled before work starts, and the Council can refund all money except for the application and administration fees.
35. The Council did not properly consider the information on its website, or the information contained within the policy when it considered Mr X’s complaint. That was fault.
36. The Council offered to refund the money Mr X paid, minus the application and administration fees. That is in line with the Council’s refund policy. I calculated the amount due to be refunded is £3,368.40.
37. Mr X also said he suffered distress because of the Council’s actions. The refund he requested was not an insignificant sum of money. I can therefore appreciate Mr X’s worry and concern when he could not get a response from the Council, and when it refused his refund request. Mr X was already distressed about the death of his father. The Council’s failure to respond and then properly consider his refund request caused Mr X added avoidable distress which the Council should remedy.

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Agreed action

38. Within four weeks of my final decision, the Council will:
• Apologise to Mr X for failing to properly consider his refund request.
• Refund Mr X £3,368.40.
• Pay Mr X £100 to recognise the avoidable distress its faults caused.

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Final decision

39. I have completed my investigation and found the Council was at fault. The Council agreed to issue a refund and make a payment for the avoidable distress Mr X suffered.

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Investigator's decision on behalf of the Ombudsman