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

The complaint

1. Mr X complains the Council has been inconsistent when applying its policy on dropped kerbs. He says the Council allowed a dropped kerb at a nearby property despite it not meeting the criteria for the same reasons his own application was refused.

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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 Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council refused Mr X’s application for a dropped kerb. Mr X appealed. The Council says his driveway did not meet the minimum depth required in its policy. Mr X said the Council had allowed a dropped kerb at a nearby property despite it not meeting the criteria for the same reasons as Mr X. That driveway does not meet the minimum depth. The Council says application for the nearby property was granted either before a policy change or before a parking bay was put in place.
6. 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.
7. I have not seen enough evidence of fault in how the Council reached its decision not to grant Mr X’s application for a dropped kerb. His property does not meet the Council’s policy requirements. Even if the Council have reached a different decision in another case when a different policy may have been in force 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 in the way the Council made its decision to refuse his application for a dropped kerb.

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Investigator's decision on behalf of the Ombudsman