Summary: We will not investigate this complaint about a dropped kerb application being refused because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr Y complained the Council has refused his application for a dropped kerb outside his home without in his view taking the full matter into account when considering his property.
2. Mr Y says this means there is a safety hazard outside his home and his home does not have access to a parking space he has built on his property.

Back to top

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))

Back to top

How I considered this complaint

4. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr Y has complained about the Council refusal of his application for a vehicle crossover dropped kerb application. Mr Y had work done at his property to put in place a parking space, but needed permission to crossover the pavement to be able to access this and so applied to have a dropped kerb put in. Mr Y’s property sits on the outside of a roundabout. He says that not having a suitable dropped kerb in placed was causing a safety hazard.
6. The Council considered Mr Y’s application but refused it. This was on the basis the dropped kerb was on a roundabout and therefore too close to a junction, the area for a driveway was insufficient and there already was a dropped kerb to the side of Mr Y’s property which he could use for access.
7. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. In this case the Council has considered the site of the proposed dropped kerb, referred to its policy and has been able to explain why it has rejected the application based on its policy. As the decision has been made in accordance with the Council’s policy, there is not enough evidence of fault in the decision-making process to justify investigation. Therefore we will not investigate.

Back to top

Final decision

8. We will not investigate Mr Y’s complaint because there is not enough evidence of fault to justify investigating.

Back to top

Investigator's decision on behalf of the Ombudsman