Summary: We will not investigate Mrs X’s complaint about the Council’s decision to decline her application to extend her dropped kerb. This is because there is not enough evidence of fault in how the Council made its decision to justify further investigation.

The complaint

1. Mrs X complains about the Council’s decision to decline her application to extend her dropped kerb.

Back to top

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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)

Back to top

How I considered this complaint

4. I considered information provided by Mrs X.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mrs X applied to the Council to extend the dropped kerb outside her property.
7. The Council’s policy says it will refuse applications if the extension would make the driveway longer than 6.3 metres.
8. Mrs X wanted to extend the kerb by about 3 metres, which goes beyond what the policy allows. She also said that some nearby properties have longer dropped kerbs.
9. The Council explained that it turned down her application because it didn’t meet the current rules, and that the other kerbs were built under older regulations.
10. We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong.

Back to top

Final decision

11. We will not investigate Mrs X’s complaint about the Council’s decision to decline her application to extend her dropped kerb. This is because there is not enough evidence of fault in how the Council made its decision to justify further investigation.

Back to top

Investigator's decision on behalf of the Ombudsman