Summary: We will not investigate this complaint about the Council’s handling of Ms X’s dropped kerb application. This is because the Council has now offered to reassess the application and carry out a site inspection and an investigation would be unlikely to lead to a significantly different outcome.

The complaint

1. The complainant, who I call Ms X, complains about the Council’s handling of her dropped kerb application.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• it would be reasonable for the person to ask for a council review or appeal; or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X applied to the Council to install a dropped kerb at her property.
6. The Council refused her application due to the presence of utilities equipment close by. When the utilities company agreed to allow a reduced distance away from its equipment, the Council still refused the application due to the presence of a raised flower bed which did not allow for the minimum set width.
7. In response to Ms X’s claim that her proposal does meet the Council’s criteria, the Council has now offered to reassess Ms X’s proposal and carry out a site inspection to confirm the details.
8. As the Council has taken this action, and an investigation by the Ombudsman would not lead to a significantly different outcome, we will not investigate the complaint.

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Final decision

9. We will not investigate Ms X’s complaint because the Council has now offered to reassess the application and carry out a site inspection and an investigation would be unlikely to lead to a significantly different outcome.

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Investigator's decision on behalf of the Ombudsman