Summary: We will not investigate this complaint about the Council’s decision not to approve a vehicle crossover application. This is because there is not enough evidence of fault to warrant our involvement.

The complaint

1. Mr X complained the Council applied its policy rigidly when it declined his vehicle crossover application. He said the Council’s decision impacts on his family’s safety. He wants the Council to review his application and use appropriate discretion.

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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 the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X applied for a vehicle crossover and the Council declined the application. He then appealed its decision.
6. In its appeal response the Council explained that it completed a site visit and applied its Residential Domestic Vehicle Crossover Policy (2019) when it made its decision to decline Mr X’s application. It said its policy may change and Mr X could then make a new application and it would complete a further site visit.
7. We will not investigate this complaint. The policy states the distance between the edge of a new crossover and the edge of an existing crossover of dropped kerb shall be 5.5m to ensure a typical car can continue to park in the gap without overhanging the crossing. The Council found another crossover within this distance and declined the application. The Council correctly applied its policy and therefore there is not enough evidence of fault to warrant our involvement.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman