Summary: We will not investigate this complaint about a delay by the Council in removing a dropped kerb. This is because we cannot achieve the outcome the complainant would like.

The complaint

1. The complainant, Mr X, says the Council said it would remove a dropped kerb but has not done so. Mr X wants the Council to remove it as soon as possible.

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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 an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We cannot disclose information that would break data protection law.

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How I considered this complaint

4. I considered information provided by Mr X and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code.

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My assessment

5. Mr X complained to the Council about a dropped kerb it had approved. The car parked on the drive overhangs the pavement causing Mr X to walk in the road.
6. In April the Council said it had approved the dropped kerb application in error; it said the driveway was too short and the applicant should not have been given consent. The Council said it would remove the crossing in the next three to four weeks.
7. Mr X complained to us in June because the Council has not removed the crossing.
8. The Council approved the dropped kerb in error. This causes inconvenience for pedestrians because they may be forced to walk in the road. The dropped kerb rules are designed to stop vehicles over-hanging. The Council said it would correct the error by removing the crossing.
9. Unfortunately there has been a delay. The Council told me the reason for the delay but, for data protection reasons, I cannot share any information with Mr X and we cannot tell the Council to remove the dropped kerb. I can say that there are good reasons for the delay and the Council is continuing to deal with the issue. I appreciate it may be frustrating for Mr X that I cannot provide more information but there is no fault by the Council relating to the delay. It is not currently possible to say what the outcome will be or when the issue will be resolved. It is not a situation that we can resolve or influence the outcome.

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Final decision

10. We will not investigate this complaint because we cannot achieve the outcome Mr X would like.

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Investigator's decision on behalf of the Ombudsman