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 there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, disagrees with the Council’s decision to refuse her application for a dropped kerb. She says the Council has not assessed the application correctly and did not visit. Mrs X says the Council has ignored her location and circumstances and is just ‘checking boxes’.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council. This includes the dropped kerb policy, photographs of the site and the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. The dropped kerb policy, and the terms and conditions which are listed on the application form, say the Council will refuse an application if the proposed crossing would be within 10 metres of a junction. The rules also state the Council will refuse an application if one or more of the qualifying conditions are not met.
5. Mrs X applied for a dropped kerb. Images supplied by Mrs X show she lives in a corner house next to a junction. The Council refused the application because the crossing would be within 10 metres of a junction.
6. In her appeal Mrs X accepted she does not meet this rule but submitted reasons why she thinks the application could and should be granted. The Council confirmed its decision because the crossing would be within 10 metres of the junction. The Council referred to the policy and said that as part of the application process Mrs X had ticked to say she understood the terms and conditions.
7. I acknowledge the reasons why Mrs X says she needs a dropped kerb and why she believes it would be safe for one to be installed. But, I will not investigate this complaint because there is insufficient evidence of fault by the Council. The photographs show Mrs X lives within 10 metres of a junction and the policy says an application will be refused in those circumstances. Mrs X disagrees but as the decision reflects the policy there is no reason to start an investigation. I do not knows if there was a site visit but, even if not, this would not alter the fact that Mrs X lives next to a junction and the policy says an application will be refused if one or more conditions is not met.
8. We do not act an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman