Summary: We will not investigate this complaint about a dropped kerb. This is because there is not enough evidence of fault to justify investigation.

The complaint

1. Miss X complains that she and other residents were not consulted before the Council installed a dropped kerb in her street. She says the assessment checklist used by the Council is inadequate and gives priority to physical dimensions over community impact.
2. Miss X said the installation of the dropped kerb has led to a decrease in parking spaces on the street, which has then caused disputes between neighbours.

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The Ombudsman’s role and powers

3. 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))
4. 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

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

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My assessment

7. Miss X said she and the neighbours were not consulted. However, I note that the Council dropped kerb policy states that the Council will consult with residents if a dropped kerb would cross over a third party’s property.
8. I can also see that the Council explained this in their stage two response, and it also explained that the dropped kerb application was approved in line with the drop kerb approval criteria following an inspection of the street.
9. I have therefore not found enough evidence of fault with the Council’s decision-making process because it followed its Domestic Vehicle Drop Kerby policy. When a Council has made a decision properly, we cannot question the merits or outcome of that decision.

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Final decision

10. We will not investigate Miss X’s complaint because there is not enough evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman