Summary: Mrs X complained that the Council delayed significantly in installing a dropped kerb at her property. We found there was a significant delay in completing the works causing her distress, frustration and inconvenience. The Council has agreed to apologise to Mrs X and make a payment to her. It has also agreed to write to her with a timeframe for when the works will commence.

The complaint

1. Mrs X complains that the Council has delayed significantly in installing a dropped kerb at her property causing her distress, frustration and inconvenience.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), 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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What I have and have not investigated

5. I have investigated Mrs X’s complaints about delays which occurred after January 2024. Mrs X complained to us in November 2024. We will normally only investigate back 12 months from the date when someone complained to us. In November 2023 Mrs X had received a quote for the works but had not yet made the payment. She did not do this until January 2024. So, I will begin my investigation from this point.
6. I do not consider it appropriate to exercise discretion to investigate any delays which took place during 2022 and 2023 because Mrs X complained to the Council about this and it responded to her complaint. If Mrs X was dissatisfied with the Council’s response, she could have complained to us at that time.

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How I considered this complaint

7. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
8. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Key facts

9. Mrs X applied to the Council for a dropped kerb in 2022. She received a quote for the works in June 2023.
10. Mrs X paid the amount due in late January 2024. She received an acknowledgement in February stating that an order had now been processed for the installation of the dropped kerb. The letter explained that the timescale was 16 weeks unless certain other works needed to be carried out, such as works to utilities or trees. In Mrs X’s case, works were required to be carried out by British Telecom.
11. In June Mrs X complained about the delay in completing the works. The Council apologised and explained that it was in the process of changing its approved contractors.
12. In September the Council wrote to Mrs X again apologising for the delay. It explained that its Dropped Kerb Service had been under review and had recently merged with another team. It said the team was processing the backlog of applications and would contact her to give an estimate of when the works would start.
13. In November Mrs X escalated her complaint to stage 2 of the Council’s complaints process. The Council responded again apologising for the delay in processing her application. It said it was progressing the backlog of applications and works were being prioritised in date order from when the application was paid for. It said it would provide an estimated start date for the works as soon as it was able to.
14. Mrs X is still awaiting a start date for the works.

Analysis

15. Mrs X paid for the dropped kerb to be installed in January 2024. More than 12 months later she is still waiting for a start date. Even though Mrs X expected the works to take longer than 16 weeks because of the works required by British Telecom, this was a significant delay and is fault.
16. The delay has caused Mrs X distress and frustration, and she has been put to the inconvenience of having to repeatedly chase the Council for updates.

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Action

17. The Council has agreed that, within one month, it will:
• apologise to Mrs X for the delay in installing the dropped kerb;
• pay Mrs X £300 in recognition of the injustice caused; and
• write to her with a time frame for when the works will commence.
18. The Council should provide us with evidence it has complied with the above actions.

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Decision

19. I find fault causing injustice. The Council has agreed actions to remedy the injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman