Summary: We will not investigate Miss B’s complaint about the Council’s refusal of her dropped kerb application. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Miss B complains the Council has wrongly refused her dropped kerb application. Miss B says her property has enough space for off street parking and other similar properties nearby have been granted a dropped kerb. Miss B says parking is limited in the area and a dropped kerb would help the situation. Miss B would like the Council to give more consideration to her application and visit her property.

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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 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 Miss B and have viewed Miss B’s property on Google maps and Streetview. I have also considered the Council’s Dropped Kerb Policy.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council refused Miss B’s dropped kerb application because the proposed off street parking area does not meet the Council’s minimum size requirements and because the crossover would be too close to a junction.
6. These were relevant criteria for the Council to take into account and are set out in the Council’s Dropped Kerb Policy. I have not seen any information to indicate the Council’s assessment was affected by fault or that Miss B’s property meets the Council’s criteria for a dropped kerb.
7. Also, the Council has explained that it has not recently approved any dropped kerb applications nearby but it will investigate the dropped kerb Miss B has referred to.
8. So, there is not enough evidence of fault to justify an investigation into this complaint.

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Final decision

9. We will not investigate Miss B’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman