Summary: We will not investigate this complaint about a dropped kerb which the Council approved in error. This is because the Council has provided a satisfactory response.

The complaint

1. The complainant, Ms X, complains the Council approved her application for a dropped kerb and then withdrew the consent. She paid for preparatory work and removed a fence. Ms X wants the Council to approve the application.

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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 provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code.

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My assessment

4. Ms X applied for a dropped kerb which the Council approved. Ms X started preparatory work a couple of days later but, after another day or so, the Council revoked the consent and said it had made a mistake.
5. The Council apologised for the confusion caused by the error and said it had reviewed its procedures to stop it happening again. It confirmed Ms X is ineligible for a dropped kerb because it would involve the loss of too much green space. The Council refunded the costs of the preparatory work and offered to re-install the fence. The Council says Ms X has not yet accepted the offer to reinstate the fence.
6. Ms X says she needed a dropped kerb due to a disability and had to apply for a disabled parking bay. The Council told me it approved the application for a bay which has now been installed.
7. I appreciate the removal of permission would have been disappointing. However, I will not start an investigation because the steps taken by the Council represent a fair and proportionate remedy. The Council explained it cannot correctly approve the application because of the loss of green space, reimbursed Ms X’s expenses, offered to restore the fence and said it had reviewed its procedures. There is nothing more we would ask it to do. We could not ask the Council to approve the application because that would be contrary to the dropped kerb policy. And, while it may not be what Ms X wanted, she now has access to a disabled parking bay which she may find beneficial.

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Final decision

8. We will not investigate this complaint because the Council has provided a satisfactory response.

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Investigator's decision on behalf of the Ombudsman