Summary: We will not investigate this complaint about the Council’s decision to refuse Mr X’s application for a second crossover. This is because there is insufficient evidence of fault to justify investigating.

The complaint

1. Mr X complains the Council refused his application for a second vehicle crossover and instead agreed he could extend his existing crossover, subject to relocating the streetlight.

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

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My assessment

5. Mr X’s property has a vehicle crossing. He applied for an additional one.
6. The Council rejected Mr X’s application because its policy normally allows only one vehicle crossing. Instead, it agreed he could extend his existing vehicle crossover subject to removing a streetlight.
7. Mr X says that the policy does not require the streetlight to be removed because it will be protected by leaving the correct length of kerb in place. He also says the policy allows a second vehicle crossing.
8. The evidence shows the Council applied its policy. The policy states that it may be necessary to remove or protect streetlight columns. It also says a second vehicle crossing may only be approved under exceptional circumstances. The Council was entitled to make its decision. I have not seen enough evidence of fault in how the Council made its decision to justify investigating.
9. We are 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, as here, we consider it followed those processes correctly, we cannot question whether the decision was right or wrong.

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Final decision

10. We will not investigate Mr 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