Summary: We will not investigate this complaint about the Council’s decision to refuse Mr X’s application for a dropped kerb. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complains the Council refused his application for a dropped kerb at his home. He says the Council did not properly consider that nearby similar properties have dropped kerbs and there are parking difficulties in the area.

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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))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council refused Mr X’s application for a dropped kerb. It said the property was next to a layby and it does not allow access in laybys. It also said visibility was restricted by a neighbouring property’s hedge.
6. The Council explained similar nearby properties were allowed a dropped kerb under a previous policy.
7. I have not seen enough evidence of fault in how the Council made its decision to justify investigating. It applied its policy and considered Mr X’s personal circumstances.
8. We are 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

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Final decision

9. We will not investigate Mr X’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