Summary: We will not investigate this complaint about the Council’s response to a dropped kerb issue. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr B complains the Council has not helped him with a highway safety problem he has reported. Mr B says his dropped kerb is often partly blocked which makes it difficult to safely access the road and this has almost caused accidents. Mr B would like the Council to do a full risk assessment at his property and provide preventative safety solutions to help put right this problem.

Back to top

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 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))

Back to top

How I considered this complaint

3. I considered information provided by Mr B and have viewed the area on Google Maps and Streetview.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The Council has told Mr B he may apply for an H bar road marking outside his property. H bar road markings are advisory but can be used to help draw attention to the presence of a dropped kerb.
6. This is the standard measure used by local highways authorities to try to prevent dropped kerb obstruction at residential properties. In the circumstances it is not clear what other physical intervention the Council could realistically introduce in this location to try to prevent motorists parking across Mr B’s dropped kerb.
7. So, there is not enough evidence of fault to justify an investigation.

Back to top

Final decision

8. We will not investigate this complaint because there is not enough evidence of fault to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman