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

The complaint

1. The complainant, Mr X, disagrees with the Council’s decision to refuse his application for a dropped kerb. He wants the Council to approve the application and review the policy.

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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))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council. This includes information about the application, photographs, the decision and the complaint correspondence. I also considered our Assessment Code.

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My assessment

5. Mr X applied for a dropped kerb. The policy, when he applied, said the hardstanding must have a depth of 5 metres. The Council visited and established the depth at the property is 4.7 metres. The Council refused the application because Mr X’s home does not meet the depth requirement.
6. Mr X has given many reasons why he would like a dropped kerb and has explained why he disagrees with the Council’s policy. However, as the Council’s decision reflects the policy 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 with. In the complaint correspondence Mr X referred to government guidance which he says states there must be a minimum depth of 4.5 metres. However, I am not aware of any such guidance and it is for each council to set its own policy.
7. Mr X has expressed dissatisfaction with the Council’s policy but it is not our role to make council policy. If Mr X thinks the policy should be changed then this is something he would need to raise with the Council, perhaps through his local councillors.

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Final decision

8. 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