Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s decision to refuse his application for a dropped kerb. This is because there is not enough evidence of fault to warrant an investigation by the Ombudsman.

The complaint

1. The complainant, whom I shall call Mr X, complained about the Council’s decision to refuse his application for a vehicle crossover (a dropped kerb). Mr X wants to be able to park on his property due to a lack of parking on the public highway.

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

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How I considered this complaint

3. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also considered the Ombudsman’s Assessment Code.

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What I found

4. Mr X applied for a dropped kerb so he could park on an area to the front of his property. The Council rejected Mr X’s application because it did not meet the requirements set out in its published policy. It said the area to the front of Mr X’s property was not large enough.
5. Mr X appealed the Council’s decision. He explained his son suffers from a medical condition which means frequent trips to hospital at short notice. Mr X explained being able to park close to home would avoid unnecessary delays. It would also avoid long walks to the car which made his son’s medical condition worse.
6. The Council refused Mr X’s appeal. It considered what he had said but confirmed the original decision.
7. The Council has considered Mr X’s application for a dropped kerb. It has explained to Mr X it does not meet the requirements contained in its published policy. It has considered extra information from Mr X and has decided its policy has been properly applied. The Council’s decision is in line with its policy which is on its website. While I know Mr X is unhappy with the Council’s decision, there is not enough evidence of fault by the Council to warrant us investigating.

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Final decision

8. We will not investigate Mr X’s complaint. This is because there is not enough evidence of fault to warrant an investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman