Summary: We will not investigate this complaint about Miss X’s application for a dropped kerb. This is because further investigation would not lead to a different outcome.

The complaint

1. Miss X complained to the Council about the price it quoted for a dropped kerb. She says the application and possible cost implications were not clear. Miss X wants the Council to refund her application fee.

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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 further investigation would not lead to a different outcome. (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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X applied to the Council to install a dropped kerb outside her home and the quote she received for the works was higher than expected. Miss X challenged the reasoning behind the cost and why the pavement had to be fully paved.
6. In its response the Council apologised that it did not make clear the requirement for a full-depth reconstruction of the footway at the application stage.
7. It explained all new vehicle crossovers need full reconstruction of the footway. It highlighted that its policy states "vehicle crossings may be constructed in either asphalt or concrete for the full width of the footway" and estimated costs are based on a site visit which it completed before providing the quote to Miss X.
8. The Council declined to refund Miss X the cost of the application because its website states the cost is non-refundable. Miss X asked for an extension to the payment deadline for her application as it would mean she would not need to make a new application. The Council agreed to this request.
9. We will not investigate this complaint. The Council apologised that it did not make information clear at the application stage and agreed to extend the payment deadline. It clearly explained why it would not provide Miss X a refund for the cost of her application which is in line with its policy. Therefore, further investigation by the Ombudsman would not lead to a different outcome.

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Final decision

10. We will not investigate this complaint because investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman