Summary: We will not investigate this complaint about a dropped kerb application. We are satisfied with the actions the Council proposes to take.

The complaint

1. Mrs X complained that the Council declined her dropped kerb application and failed its duties under the Equality Act 2010.
2. Mrs X said her safety and physical health are at risk.
3. Mrs X wants the Council to consider her application based on historical policy and consider the Equality Act 2010 in her application.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X applied for a dropped kerb in 2025, the Council rejected her application.
8. Mrs X complained to the Council that it had not properly considered her application, or appropriately considered her reasonable adjustments required under the Equality Act 2010.
9. In its complaint response, the Council set out its reasons for not approving Mrs X’s application because it didn’t meet the requirements of its policy for dropped kerbs. It rejected the application due to telecoms equipment and a tree being in the proposed area of the dropped kerb.
10. Mrs X asked the tree to be removed or re-sited as part of her reasonable adjustment request. Mrs X agreed that she would pay for the tree removal and any required movement of telecoms equipment.
11. In response to enquiries, the Council said it would reconsider Mrs X’s application if both the tree and the telecoms equipment were moved. This would satisfy the Councils dropped kerb policy. However it would not automatically grant that the application would be successful. It would require further review from the appropriate Council officer.
12. Mrs X contacted the Ombudsman and asked to withdraw her complaint during the assessment stage of the process. Mrs X stated that she was in communication with the Council and a solution for the dropped kerb application was in process. As the Council were actively addressing her issue it was sensible to bring the case to a conclusion.
13. We will not investigate Mrs X’s complaint as we are satisfied with the actions the Council has proposed to take.

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Final decision

14. We will not investigate Mrs X’s complaint because we are satisfied with the actions the Council has proposed to take.

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Investigator's decision on behalf of the Ombudsman