Summary: We will not investigate this complaint about an unsuccessful application for a dropped kerb. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, disagrees with the Council’s decision not to give permission for a dropped kerb. She says other properties have dropped kerbs and she needs one due to neighbour issues. Ms X disagrees with the dropped kerb policy and says it should be changed. Ms X wants the Council to give consent for a dropped kerb.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)

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How I considered this complaint

4. I considered information provided by Ms X and the Council. This includes the complaint correspondence, dropped kerb decision, photographs from the inspection, and the policy. I also considered our Assessment Code.

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My assessment

5. The Council’s dropped kerb policy says applications are assessed against the current policy. It also says the Council can reject an application on the basis of pedestrian and vehicular road safety.
6. Ms X applied for a dropped kerb. The Council visited and decided to refuse the application due to road safety issues. Specifically, it decided the site would not have sufficient visibility to meet the road safety requirements. The Council explained the reasons for the refusal in detail. It said that existing dropped kerbs do not have to meet the current rules, but all new applications must comply with the current policy.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. This is because the decision to refuse the application reflects the policy and the presence of existing dropped kerbs do not remove the requirement for new applications to meet the current policy. Ms X has explained why she would like a dropped kerb; but we do not act as an appeal body and I have no power to approve the application or tell the Council it must do so. The decision is consistent with the policy so there is no reason to start an investigation.
8. Ms X disagrees with the policy and says it is impossible to meet some of the criteria. It is for the Council, not us, to decide the dropped kerb policy and we cannot change it. Ms X could contact her local councillors if she thinks the policy should be changed but it would be for the Council to decide whether to make any changes.

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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