Summary: We will not investigate Mrs B’s complaint about the Council’s refusal of her dropped kerb application. This is because the information does not suggest the Council’s decision was affected by fault.

The complaint

1. Mrs B complains the Council wrongly refused her application for a dropped kerb. Mrs B would like the Council to consider her application again and provide a fully reasoned decision based on facts and evidence.

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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 Mrs B and the Council. I have also viewed this location on Google Maps and Streetview, and have considered information on the Council’s website about the Council’s approach to dropped kerb applications.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council refused Mrs B’s application because it would mean the crossover would be on a grass verge. The Council has explained it aims to protect grass verges which function as amenity spaces.
6. The Council’s decision was in line with information on the Council’s website which says the Council will not grant permission if the proposed access crosses a wide verge or amenity area.
7. And, from viewing this location online, I find this was a judgement the Council was entitled to make.
8. So, the information does not suggest there was any fault in the way the Council reached this decision. This means we cannot question the Council’s professional judgement that a crossover in this location would not be acceptable.
9. The Council has also provided a detailed explanation of its decision in response to Mrs B’s complaint. The Council has responded to each of Mrs B’s specific points and has justified its decision.
10. So, there is not enough evidence of fault to justify an investigation.

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Final decision

11. We will not investigate Mrs 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