Summary: We will not investigate this complaint about Miss Y’s dropped kerb application being rejected because there is not enough evidence of fault to justify an investigation.

The complaint

1. Miss Y complains about the Council’s decision to reject her dropped kerb application.
2. She says the decision is unfair and feels discriminatory.

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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. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.

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How I considered this complaint

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

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My assessment

7. Miss Y contacted the Council to ask about potentially applying for a dropped kerb outside her property. This was a free process provided by the Council.
8. The Council explained her application would likely be rejected, as the dropped kerb would result in a loss of parking spaces for the public.
9. Miss Y proceeded with making a dropped kerb application, which required a non-refundable payment of £125. This was rejected by the Council.
10. The Council has a set of eligibility criteria within its policy when considering applications for dropped kerbs. The criteria explains that where a dropped kerb would likely result in the loss of public parking spaces, such applications will probably be refused.
11. In making its decision, the Council took account of information from Miss Y, and its own policies. The Council followed the appropriate procedures when making this decision and I cannot therefore criticise it. As the Council properly considered Miss X’s application for a dropped kerb it is unlikely I would find fault.

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Final decision

12. We will not investigate Miss Y’s complaint because there is not enough evidence of fault in the way the Council reached its decision to reject her dropped kerb application.

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Investigator's decision on behalf of the Ombudsman