Broxbourne Borough Council (24 023 117)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 14 May 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a dropped kerb application. There is not enough evidence of fault in the Council’s action to warrant further investigation.
The complaint
- Mr X complains the Council unreasonably rejected his dropped kerb application.
The Ombudsman’s role and powers
- 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 or continue 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))
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complains the Council was discriminating when it rejected his dropped kerb application. The Council rejected the application on the basis that it would restrict the use of an existing parking bay or lay-by and set a precedent for neighbouring properties to apply, leading to a complete loss in on-street parking. Evidence shows the parking area is well occupied. The Council properly considered Mr X’s dropped kerb application and its impact on the current on-street parking, and its reasons for refusal appear cogent. We cannot question a decision the Council has made properly even if Mr X disagrees with it.
Final decision
- We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s decision-making process to warrant further investigation.
Investigator's decision on behalf of the Ombudsman