Summary: We will not investigate this complaint about the Council’s dropped kerb policy. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council changed its policy to say that requests for a dropped kerb will be refused where it results in the removal or reduction of a parking bay in an existing (or formally approved but not yet implemented) controlled parking zone (CPZ). He says the Council previously considered such applications on a case-by-case basis.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and our Assessment Code.

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My assessment

4. The Council’s ‘Front Garden Parking Criteria’ explains how the Council will determine applications for dropped kerbs/vehicle crossovers. The policy was approved by elected members and came into effect in January 2020.
5. I understand Mr X purchased a property in mid-2021 which has a CPZ bay in front of it. He is unhappy that an application for a dropped kerb is therefore likely to be refused.
6. I appreciate Mr X disagrees with the Council’s dropped kerb policy. But the Ombudsman is not an appeal body, and we cannot criticise the Council for acting in accordance with a policy which it was entitled to decide to adopt.
7. As such, the Ombudsman will not investigate this complaint because there is not enough evidence of fault by the Council.

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Final decision

We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman