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, Mrs X, complains the Council will not give consent for a dropped kerb. Mrs X is experiencing ant-social behaviour and says she feels unsafe parking on the street. She also says it can be difficult to find a parking space.

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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 and a letter to her MP. I looked at a photograph of Mrs X’s property and considered our Assessment Code.

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My assessment

4. Mrs X has made several unsuccessful applications for a dropped kerb. She made a new application this year. The Council rejected the application because there is a tree in front of Mrs X’s home which would need to be removed. In response to her complaint, the Council confirmed the decision is correct but it invited her to report the anti-social behaviour. In a letter to Mrs X’s MP last year, the Council said its tree team had found the tree to be healthy and an integral part of the street scene.
5. I will not start an investigation because there is insufficient evidence of fault by the Council. The dropped kerb policy says the Council will not usually approve an application if it requires removal of a tree. It will only remove a tree if it is near the end of its life or there are exceptional circumstances. In this case, the tree team found the tree to be healthy and important to the street scene. The Council’s decision reflects the policy so there is no reason to start an investigation. We do not act as an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees.
6. I appreciate Mrs X has problems with some of her neighbours and this must be distressing. But, this is not grounds for a dropped kerb, especially when there is a tree. Mrs X may be able to alleviate the problem by reporting the anti-social behaviour to the Council or the police. The Council sent Mrs X a link to enable her to make a report.

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Final decision

7. 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