Summary: We will not investigate this complaint about an unsuccessful dropped kerb application. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, disagrees with the Council’s decision that he cannot have a 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 Mr X. I also considered the Council’s dropped kerb policy and our Assessment Code.

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My assessment

4. Mr X applied for a dropped kerb. The Council measured the size of the front garden. The Council refused the application because the depth of the proposed drive is 4 metres. The Council explained that a successful application must meet the depth requirement of 4.8 metres, or 4.6 metres in some circumstances.
5. Mr X disagrees with the decision. He explained why he needs a dropped kerb and says his car would safely fit on the drive without over-hanging the pavement. He says there are many properties in the area with a shorter drive where the Council has approved a dropped kerb.
6. I will not start an investigation because there is insufficient evidence of fault by the Council. The policy says the Council assesses all applications against the current rules and the presence of existing dropped kerbs does not necessarily mean a new application will be approved. The policy says the site must have a depth of 4.8 metres although this can sometimes be reduced to 4.6 metres. The policy says the Council will assess the application in relation to the site and not in relation to the type or size of the vehicle, or the circumstances of the resident. The policy says the application will be refused if the size requirements are not met.
7. Mr X’s application does not meet the minimum depth requirement and, under the policy, the presence of other dropped kerbs in the area does not mean the Council can approve his application. The Council’s decision reflects the policy so there is no reason to start an investigation.
8. Mr X has explained why he would like a dropped kerb but we are not an appeal body. We can only intervene if there is fault in the way a council makes a decision and I have not seen any suggestion of fault.

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Final decision

9. 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