Summary: We will not investigate this complaint about a refused dropped kerb application. This is because we are unlikely to find fault with the Council’s decision.

The complaint

1. Mrs X complains about the Council’s decision to refuse her application for a vehicle crossover, also known as a dropped kerb. She says the refusal poses a safety risk for her family and she wants the Council to reconsider the application or offer an alternative solution.

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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))
3. 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

4. I considered information provided by Mrs X.
5. I considered the relevant council policy.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether you disagree with the decision the organisation made.
8. The Council has explained to Mrs X how it applied its policy when it refused her application. I am satisfied the Council considered Mrs X’s circumstances and the policy before it decided to refuse her application, and that the decision follows the policy. It is therefore unlikely we would find fault in the way the Council made its decision.
9. While I appreciate other residents on the road may have dropped kerbs which would not be approved under the current policy, this does not show any fault by the Council and does not amount to an injustice to Mrs X.

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Final decision

10. We will not investigate Mrs X’s complaint because we are unlikely to find fault with the Council’s decision to refuse her application.

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Investigator's decision on behalf of the Ombudsman