Summary: The Ombudsman will not investigate the Council’s refusal of the complainant’s application for a dropped kerb. The Ombudsman does not provide an appeal against the Council’s decision and there is no evidence of fault in how the Council considered the application.

The complaint

1. The complainant, who I refer to here as Mr C, has complained because the Council rejected his application for a dropped kerb to allow access to off-street parking at his home.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’.
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
4. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

5. I have considered what Mr C said in his complaint. The Council also provided background information including its response to Mr C’s complaint. I have also seen the Council’s document ‘Dropped kerb approval guidance’ and information about its policy on its website.

Back to top

What I found

6. Mr C applied for a dropped kerb at his home. The Council considered the application against its published criteria and decided to refuse it. That decision was in accordance with the criteria.
7. The Council’s policy allows an appeal against a refusal. Mr C appealed but the Council did not uphold his appeal.
8. We do not provide a right of appeal against the Council’s decision to refuse Mr C’s application. We can only consider if some fault by the Council affected the decision.

Back to top

Final decision

9. I have decided we will not investigate this complaint. This is because, while I understand Mr C disagrees with the Council’s decision, I have seen nothing to suggest fault in how the Council considered his application.

Back to top

Investigator's decision on behalf of the Ombudsman