Summary: We will not investigate this complaint about a dropped kerb application. There is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complained the Council refused a dropped kerb application for his car park.
2. Mr X said he has had threats of legal action from car drivers using the car park.
3. Mr X wants the Council to grant permission for a dropped kerb.

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The Ombudsman’s role and powers

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

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

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My assessment

6. The Council has an application process for residents who want a dropped kerb. The Council has a policy that sets out considerations and criteria for a dropped kerb to be installed.
7. Mr X applied for a dropped kerb for a residential property. The Council considered his application and using its policy decided a dropped kerb was not suitable because an existing dropped kerb of the maximum length was already in place at the location. The Council told Mr X why his application did not meet policy criteria.
8. Mr X appealed the Council’s decision and said that the application should have considered his property as commercial premises. Mr X said that a car park in the same street had appropriate dropped kerbs. The Council said Mr X’s case was a residential application because the car park was to be used by residents. It said the separate car park Mr X referred to was a commercial car park which would have been approved via a separate application process.
9. 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.
10. We will not investigate this complaint because there is not enough evidence of fault to justify investigating. The Council considered Mr X’s application in line with its policy Final decision

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Final Decision

11. 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