Summary: We will not investigate this complaint about the Council’s decision to refuse Ms X a dropped kerb at her property. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Ms X, complains the Council refused her application for a dropped kerb on the basis that there is a grass verge in front of her property deeper than 2 metres.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

4. I considered information provided by Ms X and the Council, including its response to her complaint.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. It is not our role to act as a point of appeal when complainants disagree with decisions taken by councils. We cannot question council decisions if they have followed the right steps and considered the relevant evidence and information.
7. In this case the Council followed its policy in refusing Ms X’s dropped kerb application because of the presence of the grass verge in front of her property. This is disappointing for Ms X but it is not evidence of fault by the Council and there is no evidence to suggest fault affected its decision.

Back to top

Final decision

8. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman