Summary: We will not investigate this complaint about the changes made to a dropped kerb. This is because there appears to be insufficient evidence of fault by the Council and we would be unlikely to add to any previous investigation.

The complaint

1. Mrs X complained about the Council’s actions relating to her dropped kerb. She said:
1. The Council did not exercise its duty under the Equality Act 2010 when considering her application.
2. The quality of the installation was poor.
3. The work was unnecessary because the Council later carried out work to repair the verges on her road.
4. She was not advised she could have applied for a Disabled Facilities Grant (DFG).
5. Other residents have installed dropped kerbs without Council agreement. She complained the Council has not taken enforcement action.

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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 the fault alleged has not caused an injustice to the person who complained, or that we could not add to any previous investigation by the organisation. (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. Mrs X applied to extend the dropped kerb outside her house. After the Council initially declined, Mrs X appealed. On appeal the Council decided it could not extend the dropped kerb but suggested repositioning it to make access easier. From the complaint correspondence, Mrs X agreed to this and paid for the work completed in November 2024.
6. Mrs X complained the Council did not consider her relatives disability in making its decision not to extend the kerb

Have I got that right. The dispute was about extending it initially rather than repositioning it. (at that point - I know she disputed that she would be charged at all)

. The Council said it did consider this as part of its decision about ‘exceptional circumstances’. The Council explained if it had decided exceptional circumstances were applicable, it would not have changed the funding arrangements of the work.

7. The Council said it was acting in line with its policy and given its explanation, there is insufficient evidence of fault in the way the Council made this decision.
8. In January 2025 Mrs X complained to the Council about the quality of the work it carried out. The Council completed audits and has arranged to carry out remedial work and make minor alterations to the grass verge. The Council said Mrs X has agreed to this work. I do not think investigation would add anything to the Council’s arrangements here.
9. In January 2025 the Council carried out work to repair and strengthen the grass verges on the road. Mrs X complained this work meant she may not have required the work to the dropped kerb outside her house. The Council has explained this work is due to damage to the verge and not to alter access to properties. There is not sufficient evidence of fault by the Council in this approach to justify investigation of this matter.
10. Mrs X complained she did not know whether she could apply for a (DFG) which might have funded the work.
11. The Council recognised Mrs X may not have been aware of the DFG. It has subsequently made changes to its Dropped Kerb Policy to include a link to the DFG page of the Council’s website. This action is appropriate.
12. Mrs X complained other residents have installed or altered a dropped kerb outside their property without Council agreement. She complained the Council has not taken enforcement action. I will not investigate this part of the complaint because the alleged fault Mrs X is complaining about has not caused her any personal injustice.

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Final decision

13. We will not investigate Mrs X’s complaint because there appears to be insufficient evidence of fault by the Council and we would be unlikely to add to investigation completed by the Council.

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Investigator's decision on behalf of the Ombudsman