Summary: We will not investigate Mr X’s complaint about how the Council considered his request 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 failed to consider his individual and extenuating circumstances as part of his dropped kerb application. The Council rejected Mr X’s application because the space outside his home does not meet the requirements of its policy.
2. Mr X said the matter caused him frustration and distress.

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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. Although Mr X explained his extenuating circumstances and feels the Council did not consider exercising its discretion, the primary matter is whether the available space meets the Council’s published criteria.
8. The Ombudsman would expect the Council to exercise its discretion where the difference between the space available and the published policy was marginal. In Mr X’s case, the space available is significantly below the published policy.
9. The Council therefore applied its policy correctly when considering Mr X’s case, and so there is insufficient evidence of fault to warrant an investigation by the Ombudsman.

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Final decision

10. 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