Summary: We will not investigate this complaint about the installation of a dropped kerb in the wrong place. We have not seen enough evidence of fault in the Council’s actions.

The complaint

1. Mr X complains the Council has installed his dropped kerb in the wrong place. He wants it widened at no cost to himself.

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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. Mr X applied for a dropped kerb to enable him to park two cars in front of his home.
6. From the information I have seen, the Council’s contractor visited Mr X’s home. Markings were painted on the pavement to show the limits of the dropped kerb.
7. Mr X electronically signed a document on the contractor’s mobile phone. He says this was only to confirm the contractor had visited the site. However, the Council says the electronic document included reference to the proposed location of the dropped kerb and measurements as indicated by the markings on the pavement. It says the markings are painted on site as the applicant requests (if permitted) and the agreement document is signed to confirm the location.
8. The photographs of the site taken at the time show the markings for the proposed location of the dropped kerb. The photograph of the installed dropped kerb provided by Mr X shows the installation appears to conform with the markings shown in the photographs taken at the time of the site visit.

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Final decision

9. We will not investigate Mr X’s complaint as there is not enough evidence of fault by the Council. This is because the markings on the road which were agreed by Mr X at the site visit and the installed dropped kerb appear to match. It is open to Mr X to ask the Council to widen the kerb and pay the relevant fee if the Council agrees to the work.

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Investigator's decision on behalf of the Ombudsman