Summary: We will not investigate Mr X’s complaint about the Councils poor communication about his dropped kerb application. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complains the Council did not tell him it would not extend the dropped kerb across the whole width of his driveway when it accepted his dropped kerb application. Mr X says he would not have paid for the work if the Council had told him.

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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 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)).

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council accepted Mr X’s dropped kerb application. Within the application process the Council says it would not normally remove a tree to provide a dropped kerb.
6. In its letter to Mr X approving his application, the Council said it would only remove the edgings and grass verge, because of the nearby tree.
7. The Council did tell Mr X it would not provide a dropped kerb to the whole of his driveway due to the trees, and it has done the work in line with this.
8. I will not investigate this complaint as there is not enough evidence of fault to justify an investigation.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman