Summary: We will not investigate Mrs B’s complaint about the Council’s refusal of her request for a dropped kerb. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mrs B complains the Council has refused her request for a dropped kerb because her off street parking area is not large enough. Mrs B says she has been treated unfairly because the Council recently approved a dropped kerb for a nearby property with exactly the same dimensions. Mrs B would like the Council to allow her to have a dropped kerb.

Back to top

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))

Back to top

How I considered this complaint

3. I considered information provided by Mrs B.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Property ownership and car usage changes over time. So, the Council, like most highway authorities, requires a property to have a minimum amount of space for off street parking before allowing a dropped kerb.
6. The Council refused Mrs B’s request for a dropped kerb because her property’s off street parking area does not meet the Council’s minimum size requirements. I have not seen any information to indicate this decision was affected by fault. The Council has applied its minimum space requirement to Mrs B’s request.
7. Mrs B may ask the Council for information about the nearby dropped kerb which she says the Council has approved even though the off street parking area has the same dimensions as her property.
8. This dropped kerb may be unauthorised or approved by the Council under a previous policy.
9. But, even if the Council was at fault for approving this dropped kerb request, this does not mean we would criticise the Council for correctly applying its criteria to Mrs B’s request.
10. So, we will not investigate this complaint.

Back to top

Final decision

11. We will not investigate Mrs B’s complaint because there is not enough evidence of fault to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman