Devon County Council (25 018 657)
Category : Transport and highways > Parking and other penalties
Decision : Closed after initial enquiries
Decision date : 13 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to refuse Miss X’s request for a vehicle crossing. This is because we are unlikely to find fault.
The complaint
- Miss X complains the Council unfairly refused her application for a second vehicle crossing (VC) at her property. Miss X says the Council failed to consider specific safety issues and that the decision is inconsistent with nearby properties.
The Ombudsman’s role and powers
- 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))
- 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)
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X made an application to adapt the VC at her property. The Council rejected the application but offered an alternative solution.
- Miss X said the alternative would not meet her needs and complained that neighbouring properties had adapted their VCs in line with her application.
- The Council explained that neighbouring properties had been adapted at earlier dates and provided a clear explanation of how Miss X’s application was not in line with current policy.
- I have reviewed the Council’s policy and its explanation of its decision clearly aligns with its policy. We are unlikely to find fault in the Council’s decision to refuse Miss X’s request for a larger VC.
Final decision
- We will not investigate Miss X’s complaint because we are unlikely to find fault by the Council.
Investigator's decision on behalf of the Ombudsman