Summary: We will not investigate Mr X’s complaint about the length of a dropped kerb outside his home. There is insufficient evidence of fault by the Council to warrant our involvement. We will not investigate the Council’s complaints handling because the tests in our Assessment Code are not met.

The complaint

1. Mr X complained the Council failed to:
1. assess whether a dropped kerb installed outside his home was fit for purpose. Mr X said there is a raised section of kerb which makes accessing his drive difficult; and
2. respond to his complaint.
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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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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

Dropped kerb

6. We will not investigate this complaint. The dropped kerb outside Mr X’s home has been in place for several years. Mr X wants to park two cars outside his home. The Council, in its correspondence with Mr X, explained the dropped kerb is sufficient to enable a car to traverse. It told Mr X if he wanted to access his driveway with two cars, he could apply for an extended dropped kerb.
7. There is insufficient evidence of fault in the Council’s decision-making to warrant an investigation by the Ombudsman. Mr X has a dropped kerb that was installed historically. If Mr X wants to use his driveway for two cars, he can submit an application to the Council to ask to extend the dropped kerb and, if approved, he can pay for the installation to achieve the outcome he desires.

Complaints handling

8. It is not a good use of public resources to investigate complaints about complaint procedures if we decide not to investigate the substantive issue. Consequently, we will not investigate this complaint because the tests in our Assessment Code are not met.

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Final decision

9. We will not investigate Mr X’s complaint because the tests in our Assessment Code are not met.

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Investigator's decision on behalf of the Ombudsman