Summary: We will use our discretion not to investigate this complaint about the Council’s processing of a dropped kerb application and the price. This is because it is unlikely we could add to the Council’s response and because part of the complaint is late.

The complaint

1. The complainant, Mrs X, complains the Council’s quote for a dropped kerb is excessive. She also says the Council delayed dealing with the application.

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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 could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I considered information provided by Mrs X and the Council. This includes the complaint correspondence and email exchanges. I also considered our Assessment Code.

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My assessment

6. Mrs X applied for a dropped kerb in 2019 which was refused due to a tree. There were then further applications and issues surrounding trees and utilities.
7. In July 2023 the Council approved an application. The quote for the dropped kerb was £3161. Mrs X complained and said the cost was excessive and did not reflect the rate of inflation. Mrs X says that, based on inflation, the quote should be for £2200.
8. In May 2024 the Council explained that the cost includes different elements including construction, site visits, ensuring compliance with regulations, and administering applications and reviews. It said it had reviewed the fees and they were correct. It also said it could not release a breakdown of the costs as they are commercially sensitive. The Council reduced the quote to £2916 but said this offer would expire before October.
9. Mrs X has not accepted the revised quote. The Council told me the cost of dropped kerbs will increase from April to reflect costs associated with the new financial year.
10. Mrs X says there have been delays by the Council in the handling of her applications since 2021. I will not consider events before July 2023 because they represent a late complaint. Mrs X complained to us in September 2024 and I have not seen any good reason as to why she could not have complained before then.
11. I have considered issues from July 2023 when the Council issued the quote. Mrs X says the quote is excessive and does not reflect the rate of inflation. The Council reviewed and confirmed the cost and explained the quote is made up of different elements. But, it also reduced the quote for a few months.
12. I will not start an investigation because it is unlikely we could add to the Council’s response. We cannot calculate the cost of a dropped kerb and it is not our role to do so. I can say that the cost cannot be calculated simply by applying the headline rate of inflation. Different services and goods have different inflation rates, including the rates linked to building and construction, and it is not possible to correctly calculate the cost in 2023 by applying the headline inflation rate to crossover quotes from previous years.
13. In addition, we cannot tell the Council to release figures which it says are commercially sensitive. If Mrs X wants to pursue this further, she could make another Freedom of Information request.

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Final decision

14. We will not investigate this complaint because part of the complaint is late and because it is unlikely we could add to the Council’s response.

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Investigator's decision on behalf of the Ombudsman