Royal Borough of Kingston upon Thames (24 011 636)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 06 Oct 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr C’s complaint about the Council’s vehicle crossover policy. This is because we cannot achieve the outcome he wants.
The complaint
- Mr C complains about the Council’s vehicle crossover policy which does not allow a crossover if it would remove a grass verge which is over 2 metres deep. Mr C says this restriction is arbitrary and not proportionate, and meant his application was refused. Mr C says the Council should change this part of the policy to allow for grass verges of over 2 metres to be removed if mitigation is offered by the applicant.
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 an investigation if we decide we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr C and have read the Council’s vehicle crossover policy, which is available on the Council’s website.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council has explained its policy in response to Mr C’s complaint. The Council explained that it had recently considered making changes to this policy, similar to what Mr C has suggested, but, it decided not to alter this part of the policy.
- It is for the Council to decide its policy on vehicle crossovers. It is not the role of the Ombudsman to tell the Council it should operate a different policy. So, an investigation would not achieve the outcome Mr C wants.
- Mr C may make this suggestion to the Council when the Council next reviews this policy.
Final decision
- We will not investigate this complaint because we cannot achieve the outcome Mr C wants.
Investigator's decision on behalf of the Ombudsman