Summary: We will not investigate Mr X’s complaint about how the Council handled his application for a dropped kerb. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council handled his application for a dropped kerb unfairly. He says the Council allowed his neighbours to install a dropped kerb despite not meeting the criteria. He would like the Council to grant his dropped kerb application.

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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))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. The Council refused Mr X’s application for a dropped kerb. Mr X appealed. The Council said the driveway did not meet the minimum depth required in its policy. Mr X said the Council had allowed his neighbour to have a dropped kerb and their driveway does not meet the minimum depth. The Council considered the information Mr X provided but decided there was no good reason to change its decision.
7. The Ombudsman is not an appeal body. We look at the process a council followed to make its decision. If the Council followed its process correctly, we cannot question that decision even if a complainant disagrees with the decision made. I see no evidence of fault in how the Council reached its decision not to grant Mr X’s application for a dropped kerb. That the Council reached a different decision in another case does not mean there is fault in Mr X’s case.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman