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

The complaint

1. Mr X complained the Council refused his application for a dropped kerb.
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. 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 but found he did not meet its set criteria. It explained its reasons and how it reached the decision. There is insufficient evidence of fault to warrant an investigation by the Ombudsman.

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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