Summary: We will not investigate this complaint about the Council’s refusal to extend a vehicle crossing outside Ms X’s property. This is because there is not enough evidence of fault to justify investigation.

The complaint

1. Ms X states the Council refused her application to extend a vehicle crossing outside her property. Ms X states the decision has caused her inconvenience and upset.

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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. Ms X states the Council refused her application to extend a vehicle crossing outside her property.
6. The Council has a statutory duty to manage the highway safely and fairly. It has published guidance setting out the criteria for approving vehicle crossings, including that applications will not be granted where this would result in the loss of parking spaces in laybys. The Council refused Ms X’s application because it would remove all parking in the layby outside her property. It explained its reasoning in writing, with reference to its guidance, and considered her appeal.
7. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether the complainant disagrees with the decision the Council made.
8. In this case, the evidence shows the Council considered Ms X’s application in line with its published policy and explained its decision. I have not seen the evidence of fault in how the Council reached its decision therefore will not be investigating.

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Final decision

9. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman