Summary: We will not investigate this complaint about a dropped kerb application because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr Y complained the Council unfairly and wrongly refused his application for a dropped kerb outside his property due to a tree being in place. Mr Y says there have been several accidents in the area and he is concerned about his deaf child being hit by a car. He feels the Council has put a tree above safety in this instance.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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))

Back to top

How I considered this complaint

4. I considered information Mr Y and the Council provided and the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Under the Council’s policy for a dropped kerb application, if there is a tree or large shrub, which is not causing a safety hazard, which would be impacted by a vehicle crossing, the application will be refused and removal of the tree will generally not be permitted.
6. In Mr Y’s case there is a tree which would be impacted by the vehicle crossing. The Council has considered the placement of the tree in line with its policy and has therefore refused the application. It has considered the health and condition of the tree and found it is not a safety hazard and is therefore following its policy to refuse the application.
7. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached.
8. While Mr Y may feel strongly about the decision, as the Council has considered relevant factors and has made the decision in line with its policy, there is not enough evidence of fault in the way the decision was reached for us to investigate. We will therefore not investigate this complaint.

Back to top

Final decision

9. We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating.

Back to top

Investigator's decision on behalf of the Ombudsman