Summary: We will not investigate this complaint about the Council’s decision to refuse an application to extend a vehicle crossover. This is because we are unlikely to find fault with the Council.

The complaint

1. Mrs X complains the Council refused to extend the existing vehicle crossover at her home. She says she cannot exit her driveway safely because vehicles park too close to it. She wants the Council to allow an extension to the vehicle crossover.

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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 (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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X asked the Council for permission to extend the existing vehicle crossover on her driveway. The Council refused her application.
7. Mrs X appealed the Council’s decision. She said the extension would have been allowed under the Council’s previous policy. Mrs X believed the Council should permit the crossover extension according to the policy that was in place when the crossover was first installed.
8. The Council explained to Mrs X it revised its vehicle crossover to improve safety on the highway. It said any new application would be decided in line with its current policy.
9. The Ombudsman is 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, regardless of whether you disagree with the decision the organisation made.
10. Section 184 of the Highways Act 1980 gives local authorities the power to refuse applications to alter vehicle crossovers. The Council based its decision in line with its policy and we are therefore unlikely to find fault with how the Council made its decision.

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Final decision

11. We will not investigate Mrs X’s complaint because we are unlikely to find fault with the Council.

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Investigator's decision on behalf of the Ombudsman