Summary: We will not investigate this complaint about Ms X’s dropped kerb issue. This is because there is not enough evidence the Council is at fault to warrant an investigation.

The complaint

1. Ms X complains about worked the Council carried out which included raising the height of a kerb outside her property. She says the Council has deprived her of access to her two off-road parking spaces.
2. Ms X says the Council has caused inconvenience, distress and financial harm. She is seeking a remedy which will allow her access to her parking spaces, or a contribution toward this.

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The Ombudsman’s role and powers

3. 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. Ms X complained to the Council after it carried out resurfacing work on her street which included raising the height of the kerb outside her property. She said the Council had removed access to her off road parking spaces.
7. The Council explained that despite any previous use of the pavement to access her parking spaces, there had never been any lawful dropped kerb or access to the parking spaces over the footpath.
8. The Council has provided a copy of a letter sent to Ms X before the work was carried out. The letter explained the Council intended to carry out work which may raise the kerb outside her home.
9. It also explained that the existing use was not lawful and invited Ms X to apply for a lawful dropped kerb and access if she wished to do so.
10. In her complaint to the Council, Ms X said she had a right of way over the footpath due to the length of time it had been used in this way. This is a legal argument which would have to be decided by a court.
11. With regard specifically to the work the Council has done to raise the kerb outside Ms X’s property, it is unlikely we would find fault if we were to investigate.

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Final decision

12. We will not investigate Ms X’s complaint because there is not enough evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman