Summary: We will not investigate this complaint about a dropped kerb vehicle crossover application because there is not enough evidence of fault to justify investigation.

The complaint

1. Miss Y complained the Council has refused her dropped kerb vehicle crossover application.
2. Miss Y says this has led to inconvenience and she feels it is unfair as her neighbours have a dropped kerb, but she does not.

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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))

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How I considered this complaint

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

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My assessment

5. Miss Y applied to the Council to have a vehicle crossover, often called a dropped kerb. The Council carried out a site visit to Miss Y’s property but found that her driveway was not the required minimum length of 4.8 metres. Consequently, the Council rejected Miss Y’s application and wrote to her to explain this. Miss Y was unhappy with the decision the Council made and appealed but was unsuccessful. She then approached us.
6. 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 considered relevant criteria, as outlined in its policy, including the size of the frontage of Miss Y’s property. In accordance with its policy, it rejected the application as Miss Y’s property did not meet the required size of frontage to have a vehicle crossover or dropped kerb installed. It then rejected the application and explained its rationale for this in its correspondence with Miss Y.
7. As the Council made the decision in line with its policy and having considered the criteria set out against the application details, there is not enough evidence of fault in the decision-making process to justify investigating. We will not investigate.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman