North East Lincolnshire Council (24 005 922)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 21 Aug 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to refuse the complainant’s application for a dropped kerb. This is because we are unlikely to find fault.
The complaint
- Ms X has complained about the Council’s decision to refuse her application for a dropped kerb.
The Ombudsman’s role and powers
- 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- 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)
How I considered this complaint
- I considered information provided by Ms X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X applied to the Council for permission to instal a vehicle crossover at her property. The Council visited Ms X’s home to inspect the site. However, the application was refused as the Council said there was insufficient space available to park a vehicle within the curtilage of the property.
- Ms X disagrees with the Council’s decision to refuse her application. She says her neighbour has installed a dropped kerb and she needs to be able to park outside her home as her husband cannot walk far due to his health. But the Council’s policy for dropped kerbs sets out the minimum space requirements and it has explained why the criteria for a vehicle crossover at Ms X’s property has not been met. I am also satisfied the Council considered the information Ms X provided about her circumstances.
- As the Council properly considered Ms X’s application, in line with its policy for dropped kerbs, it is unlikely I would find fault.
Final decision
- We will not investigate Ms X’s complaint because we are unlikely to find fault.
Investigator's decision on behalf of the Ombudsman