Summary: We will not investigate this complaint about how the Council handled a dropped kerb installation. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Ms X complained about the cost the Council charged for installing her dropped kerb. She said this was significantly higher than her neighbours had paid for similar work in the past. She said this had a large financial impact on her. Ms X wanted the Council to refund part of the fee she has paid and reduce their fees for dropped kerb installations.

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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 Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X complained the Council fee to install her dropped kerb was excessively high.
6. In its complaint response, the Council told Ms X that fees for dropped kerbs were set annually and published online. It explained the fee covered labour, materials, administration costs, site supervision, site inspection and legal fees.
7. The Council said it had carried out a second visit to Ms X’s property and approved an alternative kerb construction which was in keeping with existing vehicle cross-overs on the road. This resulted in a reduced cost to Ms X.
8. The Ombudsman is 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, regardless of whether Ms X disagrees with the decision the organisation made.
9. We will not investigate this complaint because there is not enough evidence of fault in how the Council charged Ms X for her dropped kerb to justify investigating. The Council applied its fee structure for dropped kerbs when it provided a quotation to Ms X. It then re-visited the property and agreed to adjust the construction method, which resulted in a reduced cost to Ms X.

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Final decision

10. We will not investigate Ms 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