Summary: We will not investigate this complaint about an application for a dropped kerb. This is because there is not enough evidence the Council is at fault and we cannot achieve the outcome the complainant wants.

The complaint

1. Mr X complains about the Council’s handling of his planning application for a dropped kerb. He says the Council misled him into believing his application would be successful. He says he has spent a significant amount of money on remodelling his front garden as he says he was under the impression the dropped kerb would be approved.

Back to top

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, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X sought advice from the Council about getting a dropped kerb and an officer visited the site to discuss his plans. The Council advised that as the road is a busy classified road, Mr X would need to submit a full planning application for a dropped kerb. The Council advised what documents and audits were required but offered no guarantees on whether the application would be successful.
6. In October 2025, Mr X applied for planning consent. During the planning process, the Council advised Mr X the road safety audit was incomplete as it did not include the location of the bus stop adjacent to his property. The Council also informed Mr X of the objections that had been raised as part of the planning consultation and gave him the opportunity to submit revised documents. Mr X did not revise the documents and instead, in January 2026, chose to withdraw his planning application.
7. The evidence shows the Council consistently advised Mr X approval of the dropped kerb was not guaranteed. In Mr X’s complaint to the Council, he also stated he was offered no guarantees. Mr X withdrew from the planning process and the Council did not make a decision on his application. As such, there is not enough evidence the Council is at fault and we will therefore not investigate this complaint.
8. Mr X says he would like permission to be granted to install a dropped kerb. An investigation by the Ombudsman could not achieve this outcome and Mr X will again need to seek planning consent from the Council.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant investigating and an investigation would not achieve the outcome he wants.

Back to top

Investigator's decision on behalf of the Ombudsman