Summary: We will not investigate this complaint about the Council’s decision to refuse Mr X’s application for a vehicle crossover. There is not enough evidence of fault in the Council’s decision-making to warrant our involvement.

The complaint

1. Mr X complained the Council did not consider his medical conditions when it considered his application for a vehicle crossover.
2. Mr X said the refusal of the application impacted his employment, health and daily life.
3. Mr X wants the Council to review his case and consider its duties under the Equality Act 2010 and recognise the distress caused by delays in the complaint process.

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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)

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How I considered this complaint

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

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My assessment

8. The Council sets out criteria for the provision of vehicle crossovers, including where it may make considerations to criteria under exceptional circumstances.
9. The Council refused Mr X’s application as his property did not meet the required space to allow for a vehicle crossover.
10. Mr X provided information within his application that related to his medical condition. The Council decided a crossover could be a public safety issue.
11. There is not enough evidence of fault in the Council’s decision-making to warrant our involvement. The Council acted in line with its policy, considered Mr X’s medical needs and set out its reasons for refusing the application. Therefore, we will not investigate.
12. The Ombudsman cannot find that a Council has breached the Equality Act. From the information I have seen, the Council appears to have taken into account its duties under the Equality Act when considering Mr X’s kerb crossover application and appeal.

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Final decision

We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council to warrant our involvement

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman