Summary: We will not investigate Mr X’s complaint that the Council wrongly refused his application for a dropped kerb. There is insufficient evidence of fault in the Council’s decision-making to warrant an investigation by the Ombudsman.

The complaint

1. Mr X complains the Council wrongly refused his application for a dropped kerb to access his property.
2. Mr X said the matter caused him frustration.

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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. We will not investigate this complaint. 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.
7. The Council considered Mr X’s application. It explained the reason his application for a dropped kerb was declined. The reasons were in line with its policy. There is insufficient evidence of fault in how the Council made its decision. Therefore, we will not investigate this complaint.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman