Summary: We will not investigate this complaint about the Council’s decision to take enforcement action against Ms X for unauthorised alterations made to the public highway in front of her property. This is because we are unlikely to find evidence of faut by the Council.

The complaint

1. Ms X complains about the Council’s decision to take enforcement action against her in relation to alterations to the public highway in front of her property which extended her dropped kerb.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’, which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. 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)
3. 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))

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How I considered this complaint

4. I considered information provided by the complainant’s representative, including the Council’s response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complained to the Council about its decision to take enforcement action against her in relation to unauthorised works carried out to the public highway in front of her property which resulted in an extension of her dropped kerb.
7. The Council explained why it was taking action having concluded that it had reasonable grounds to suspect the kerb had been altered without authorisation to suit Ms X’s needs. It did not uphold her complaint.
8. It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question decisions made by councils if they have followed the right steps and considered the relevant evidence and information. While Ms X may be disappointed with the Council’s decision, there is no evidence to suggest it was made with fault.

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Final decision

9. We will not investigate Ms X’s complaint because we are unlikely to find evidence of faut by the Council.

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Investigator's decision on behalf of the Ombudsman