Summary: We will not investigate this complaint about the Council’s consideration of the dropped kerb Mr X wishes to install at his property. This is because an investigation is unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. The complainant, who I refer to as Mr X, complains the Council has not properly considered his disability when it told him that he will be unlikely to be allowed to install a dropped kerb at his property due to insufficient space.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, 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 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant, including the Council’s response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council following pre-application advice it gave him in relation to his wish to install a dropped kerb at his property, particularly required because of his disability. The Council told him that if he submitted an application, it would likely be refused because the area at the front of his property is too small to safely accommodate a car. It explained that when given, approval is for the property and not the individual and their car.
7. Mr X has not yet made an application and the Council has said it is open to him to do so where the particular details of his application will be formally assessed. However, it has taken reasonable steps to advise him of its policy in relation to the size of the proposed parking space and that the space he has falls far short of that required. It has confirmed that while it will have regard to the equalities legislation, it would consider it unreasonable to relax its criteria where highways safety is involved.
8. We do not investigate every complaint we receive and it is not our role to act as a point of appeal against council decisions and policies with which complainants do not agree. The advice the Council has given Mr X is disappointing but it is not evidence of fault by the Council and there is no evidence to suggest fault has affected its handling of Mr X’s case.

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Final decision

9. We will not investigate Mr X’s complaint because an investigation is unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman