Summary: We will not investigate this complaint about a dropped kerb opposite the complainant’s home. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, complains the Council gave permission for a dropped kerb to be built opposite her home. Mrs X says this will make it hard for her to park outside her home and the new dropped kerb was not needed. Mrs X wants the Council to remove the dropped kerb.

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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 and the Council. This includes photographs and the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. The Council gave consent for a dropped kerb opposite Mrs X’s home. Mrs X has a dropped kerb and driveway, but says the neighbour’s dropped kerb will make it hard for her to park on the road. Mrs X complained to the Council and said officers did not properly consider the application. She said the new dropped kerb was not needed.
5. In response, a manager visited the site and confirmed the dropped kerb had been correctly approved and assessed against the current criteria. The Council explained the application is compliant with the policy. The Council addressed the points Mrs X raised about the new crossover and the problems she thinks will be caused.
6. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council responded correctly by visiting the site, checking that the application had been correctly approved, and addressing Mrs X’s concerns and questions. Mrs X disagrees with the Council’s approach but that does not mean there has been administrative fault.
7. We are not an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with. We can only ask a council to act if there is evidence of fault and, in this case, there is no suggestion of fault.

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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