Summary: We will not investigate this complaint about the Council’s decision not to grant permission for a dropped kerb. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, disagrees with the Council’s decision not to grant consent for a dropped kerb. She says she can make changes to meet the depth requirement and other properties in the area have dropped kerbs despite not meeting the rules.

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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))

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How I considered this complaint

3. I considered information provided by Mrs X. This includes the complaint correspondence. I also considered the dropped kerb policy, images of the property from streetview, and our Assessment Code.

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My assessment

4. The Council’s dropped kerb policy (from January 2024) says the Council will only assess applications against the current policy and the existence of other dropped kerbs does not mean the Council will approve a new application. The policy explains the depth and width requirements and says the Council will not approve an application where the proposed site is within 10 metres of a junction on the same side of the road.
5. Mrs X lives next to a junction. She applied for a dropped kerb. The Council refused the application because the property does not meet the depth requirement and is within 10 metres of a junction.
6. Mrs X disagrees with the decision. She says she could make changes to the property so it meets the depth requirement. Mrs X also says there are other properties in the area, in similar circumstances, where the Council has approved an application. Mrs X has referred to a property where the Council gave consent in March 2023.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. The current policy says the Council will refuse an application if the depth requirement is not met and the property is within 10 metres of a junction. I have looked at images of the street and Mrs X’s home is next to a junction and within 10 metres. The policy states the Council will only assess applications against the current policy and the presence of existing dropped kerbs does not mean a new application will be approved. The Council’s decision reflects the policy so there is no reason to start an investigation.
8. Mrs X has explained why she would like a dropped kerb and why she thinks a dropped kerb would not be detrimental to the area. However, we are not an appeal body and it is not my role to re-make the decision or decide if Mrs X should have a dropped kerb. I can only consider if there was fault in the way the Council made its decision and I see no suggestion of fault.

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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