Summary: We will not investigate this complaint about the Council’s decision to refuse a dropped kerb application. This is because the complaint is late.

The complaint

1. Mr X complained about the Council’s decision to refuse a dropped kerb application. He said it failed to consider his personal circumstances and did not respond to his complaint at stage two.
2. He also complained about the Council’s decision to refuse his request for a designated space on the highway for electric vehicle charging. He wants the Council to reassess his application for a dropped kerb or provide an alternative method for electric vehicle charging.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X made an application for a dropped kerb which the Council refused in May 2023. He appealed the decision in April 2024, and the Council declined it because its policy states an appeal must be made within six months of the decision.
8. Mr X then made a complaint which the Council responded to stating its decision to refuse the application was made in line with its dropped kerb policy.
9. We expect a person to complain to us within 12 months of being aware of a matter, therefore, the complaint is late, and there is no good reason to exercise discretion to consider it now.
10. Mr X requested a designated space on the highway for electric vehicle charging. The Council explained to Mr X that it could not provide a designated parking space because it would cause the loss of a public parking space. It also expressed concerns about how Mr X would charge his vehicle in a designated bay. The Council provided clear reasons for declining Mr X’s request and therefore there is not enough evidence of fault to justify the Ombudsman’s involvement.

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Final decision

11. We will not investigate Mr X’s complaint because it is late.

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Investigator's decision on behalf of the Ombudsman