Summary: We will not investigate Mr X’s complaint about the Council’s refusal to allow his chosen contractor to install a dropped kerb. There is not enough evidence of fault by the Council to warrant our involvement.

The complaint

1. Mr X complained the Council’s policy only permits one contractor to install dropped kerbs and therefore it would not let him employ a different one to carry out the work at his home.
2. Mr X also complained the Council did not properly consider or respond to his complaint.
3. Mr X said this caused him to incur higher costs for the dropped kerb.

Back to top

The Ombudsman’s role and powers

4. 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))
5. 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)

Back to top

How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Mr X complained the Council refused to allow a contractor, other than the one named in its policy, to install a dropped kerb at his property. Mr X said the named contractor’s costs are significantly higher than the one he wished to employ.
9. Mr X said the Council failed to exercise discretion to accept his proposed contractor and therefore he will incur higher costs.
10. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
11. The Council acted in line with its policy and guidance when refusing Mr X’s request to use his own contractor. There is therefore not enough evidence of fault in its decision-making and so we will not investigate.
12. As we will not investigate the substantive matters of the complaint, we will not investigate the Council’s handling of the complaint because it is not proportionate to do so.

Back to top

Final decision

13. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman