Summary: We will not investigate Mr B’s complaint about the Council’s refusal of his dropped kerb application. This is because the information does not indicate the Council’s decision was affected by fault.

The complaint

1. Mr B complains the Council wrongly refused his application for a dropped kerb. Mr B says his off-street parking area is only 21cm short of the Council’s minimum depth requirement. Mr B considers the Council’s decision was not proportionate and the Council has not suggested changes he could make. Mr B also says other crossovers nearby have been approved by the Council.

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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 Mr B and the Council’s dropped kerb policy.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Like most highways authorities the Council will only allow a dropped kerb if the off-street parking area meets minimum size requirements. This is for highway safety reasons and because property and vehicle ownership changes over time. It is not our role to tell the Council it is wrong to operate such a policy
6. The Council has applied its policy to Mr B’s application. I have not seen any information to indicate the Council’s decision was affected by fault.
7. When the Council’s dropped kerb criteria are not met, it is not the responsibility of the Council to provide a solution to a person’s need for off-street parking.
8. Dropped kerbs nearby may be unauthorised or approved under previous Council policies. But, even if other dropped kerbs have been wrongly approved by the Council in the past, we would not criticise the Council for applying its policy correctly to Mr B’s application.
9. So, we will not investigate this complaint.

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Final decision

10. We will not investigate Mr B’s complaint because the information does not indicate the Council’s decision was affected by fault.

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Investigator's decision on behalf of the Ombudsman