Summary: The Council failed to provide evidence of compliance with recommendations previously made by the Ombudsman within the agreed timescale. In the original complaint, we found fault with the Council for assessing Mr and Mrs C’s dropped kerb application against a draft, unpublished policy. The Council agreed to reassess their application and pay a financial remedy. The Council did not complete the agreed remedies within the required time. The Council had agreed to apologise to Mr and Mrs C and install their dropped kerb without delay

The complaint

1. The Council failed to provide evidence of compliance with recommendations previously made by the Ombudsman within the agreed timescale. In the original complaint, we found fault with the Council for assessing Mr and Mrs C’s dropped kerb application against a draft, unpublished policy. The Council agreed to reassess their application and pay a financial remedy. The Council did not complete the agreed remedies within the required time.

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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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. 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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What I found

Council policy

4. Once an applicant has paid their application fee, it will arrange for the area outside their property to be inspected.
5. After the inspection has taken place, it expects to provide the applicant with a quote within 20 working days.
6. Once the applicant has received their quote, they have nine months to accept and pay in full.
7. Installation of a standard dropped kerb will take at least 16 weeks to be completed from receiving full payment of an accepted quote. Non-standard works i.e. those with trees, utility works or re-siting of street furniture such as street lights or road signs, will take over 20 weeks.

Background

8. Mr and Mrs C originally complained the Council refused their application for a dropped kerb. We upheld their complaint and found fault with the Council for assessing their application against a draft, unpublished policy. The Council’s fault raised Mr and Mrs C’s expectations of a positive result. It also put them to time and trouble chasing the Council for its decision on their application and then challenging its rational for rejecting it.
9. In response to our findings, the Council agreed to action the following recommendations:
10. Within one month of the final decision, the Council would:
• Reconsider Mr and Mrs C’s dropped kerb application based on the approved policy in place and published on its website at the time they made their application. If the application is successful, the Council should base its quote for the work on May 2021 prices.
• Pay Mr and Mrs C £100 for time and trouble.
• Until the Council approves and publishes a new policy for dropped kerbs, it should make all decisions in line with the dropped kerb policy currently approved and on its website.
• Advertise on their public domain for six months the following: “Birmingham City Council is inviting all rejected grass verged footway crossing applications (dated between 01 January 2021 to 14 March 2022) to request reconsideration of their application under the criteria advertised at the time.” It will also advise those who had a grass verged footway crossing application rejected, to request a refund of their application fee.
11. The final decision stated the Council should provide the Ombudsman with evidence these actions were completed. We issued the final decision in April 2022.

What happened

12. In April 2022, the Council accepted Mr and Mrs C’s dropped kerb application and gave them a quote for the work.
13. In May 2022, the Council evidenced it had added the agreed wording to its website inviting all rejected grass verged footway crossing applications (dated between 01 January 2021 to 14 March 2022) to request reconsideration of their application under the criteria advertised at the time. It said its draft dropped kerb policy would be discussed at a Cabinet meeting in July 2022.
14. With regards the financial remedy, the Council said it could not issue payments because of an IT error. It advised its IT services were trying to resolve the issue. The Council paid Mr and Mrs C in June 2022.
15. In June 2022, Mr and Mrs C contacted the Ombudsman. They said they had paid the Council to install a dropped kerb, but it had lost their payment. They said the Council told them the work would be completed within eight weeks of them paying, but because the Council had lost their payment, it would take 16 weeks. Mr and Mrs C explained this had caused them distress.
16. When we contacted the Council, it confirmed it received a payment from Mr and Mrs C in May 2022 for the dropped kerb and was issuing the order to its contractor. It advised when Mrs C contact it about her payment, it could not see it because it was transferring from one IT system to another.
17. In June 2022, we advised the Council we were registering a new complaint for non-compliance.

Analysis

18. When a council agrees to take the action we recommended, it should be accountable and make every effort to comply within the agreed timescales. The Council did not make the financial payment within the agreed timescale and there were problems with its progression of Mr and Mrs C’s dropped kerb application.
19. The Council was at fault for non-compliance with an agreed remedy within the agreed timescales. This delay caused Mr and Mrs C further frustration.

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Agreed action

20. Within one month of the date of our final decision the Council will:
• Apologise to Mr and Mrs C for its delays.
21. Within three months of the date of our final decision the Council should:
• Review its internal procedure for ensuring compliance with, and providing evidence of, any future recommendations made by the Ombudsman.
22. The Council should install Mr and Mrs C’s dropped kerb without delay.
23. The Council should provide the Ombudsman with evidence it has completed these actions.

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Final decision

24. I have completed my investigation and uphold Mr and Mrs C’s complaint. Mr and Mrs C were caused an injustice by the actions of the Council. The Council has agreed to take action to remedy that injustice.

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Investigator's decision on behalf of the Ombudsman