The Ombudsman's final decision
Summary: Mrs X complained that the Council failed to properly communicate with her and there was delay in providing a dropped kerb. We found the Council was at fault and should make a payment to recognise the frustration and time and trouble Mrs X was put to in chasing progress.
The complaint
Mrs X complains the Council failed to properly deal with her application for a dropped kerb. She says the dropped kerb team were difficult to contact and did not return calls or emails and there was significant delay in the council issuing a quote for the works.
Mrs X stated the delay meant difficulty for her disabled mother as they were not able to park on the driveway.
The Ombudsman’s role and powers
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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended) If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I spoke to Mrs X and considered her complaint. I asked the Council for information and I considered its response. I took account of the Council’s policy on dropped kerb work.
Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Dropped kerb policies/procedure The Council’s policy document provides information for people applying to have a dropped kerb.
Section 5 of the document says that some applicants qualify for a reduced fee. The list includes people who qualify for a blue badge. The policy states that fees are non-refundable and applicants should satisfy themselves that all the requirements for a dropped kerb are met before paying the fee.
The policy document provides information about obstacles to constructing a dropped kerb. It notes that crossings will not normally be allowed if it will mean the removal of trees or severe cutting of their roots. The Council will consider whether it should be allowed using criteria set out in its policy. The Council may agree to relocate a lamppost to allow a dropped kerb, but it will only do so if an even level of illumination can be maintained for the street. The policy notes that if other features such as telephone boxes, telegraph poles etc need to me moved, this will need to be completed prior to the dropped kerb being constructed.
The Council’s policy/procedure document at the time of Mrs X’s complaint stated that a quotation would normally be provided for a standard dropped kerb within 10 days of an application being made. However, if street furniture or other things need to be relocated, it could take much longer. Its website at the time stated that quotes take 10 days following an inspection. This has since been updated to 20 days.
The Council aims to complete standard crossings within 12 weeks of receiving payment. However, its policy states that where street furniture or utilities need to be relocated, completion of works could take considerably longer.
What happened Mrs X originally applied for a dropped kerb in September 2020. Outside her property there is an established tree, a lamppost, a bin and a bus stop.
The Council initially considered that it would not be possible to construct a dropped kerb for Mrs X. This was a decision the Council took after following its policy regarding the impact on trees. The policy requires that various factors are considered to ‘score’ the tree and consider the impact of its removal. The score, and the impact of the other obstructions led the Council to initially refuse the application.
I understand Mrs X appealed the decision and explained that her mother lived with her, she was elderly and entitled to a blue badge.
At the end of January 2021, the Council decided it could achieve a dropped kerb by pruning the roots of the tree.
It is clear from correspondence the Council provided that the bus company were considering whether they could move a bus stop from January 2021. The bus company were waiting for information from the Council between January and May 2021.
On 14 April 2021 a bus company contact with Mrs X indicated it was working on moving the bus stop. The bus company apologised to Mrs X that the relocation of the bus stop was taking longer than expected. The bus company said they were starting the process of relocation. It stated this would involve finding an alternative place for it and it would mean considering the flow of traffic and other things in the street. It would also need to consult residents for 14 days.
In June 2021 Mrs X complained to the Council. She stated the Council constantly told her that a quote would be sent in a few days, but it was never sent. She stated the person dealing with the matter had stopped taking her calls. At the time of complaint, it was 8 months after she made the request for a dropped kerb. She explained the difficulties her mother had because she was elderly and disabled.
The Council’s response did not address her complaint of delay and poor communication. Rather, it explained its decision and its policy regarding trees that affect dropped kerb applications. After further contact from Mrs X, a week later, the Council sent another response. It apologised that the officer dealing with the matter had not replied to her contacts and for delay. The Council stated it was waiting to hear from the bus company. The bus company was consulting customers about the bus stop move. It stated officers had requested a quote to move the lamppost and they had agreed to prune the tree roots. It noted a contractor had agreed to move the bin. It did not give any timescales for moving the situation forward.
Two weeks later Mrs X chased the Council for the quote. She forwarded information from the bus company dated 26 June. The bus company confirmed it had written to residents to consult them about the bus stop move. Once it had considered the comments and received payment, it could agree details with the Council and do the work.
The bus stop company moved the bus stop at the end of July 2021.
There was some delay until the Council revisited the site again to refresh the markings on the roadside on 18 August. On 19 August the Council sent Mrs X her dropped kerb quote.
Mrs X paid the required fees on 27 August 2021.
The Council raised a work order on 8 September 2021.
Mrs X chased the start of works on numerous occasions during October. She was told the Council was planning to move the lamppost on or around 15 November. Mrs X raised concerns about the position an inspector had proposed. This led to a number of additional visits and correspondence to agree what would happen. Mrs X told us eventually it was decided that the lamppost should remain in the same position.
Mrs X told us she expected the work to take place before Christmas, but this did not happen. In January 2022, for personal reasons Mrs X had to move out of her house, so she contacted the Council and cancelled the dropped kerb application. Mrs X told us the Council provided a refund of all the fees she had paid, less the £95 application fee.
Was there fault by the Council I found the original decision not to grant a dropped kerb was one the Council was entitled to make. It was a decision it took properly having regard to its policy.
Having considered Mrs X’s circumstances, the Council agreed to allow a dropped kerb. It took from January 2021 to August 2021 for the Council to issue a quote. This was significantly longer than the Council aims to do this in standard cases. However, Mrs X’s application was not straightforward because of the various obstructions on the pavement in front of her home. The Council’s policy notes that where third parties need to move street furniture, such as bus stops, the timescales to organise a dropped kerb may be considerably longer.
I have considered if there was avoidable delay in issuing the quotation.
The Council says much of the delay was caused by the need to relocate a bus stop. There is evidence that some of the time taken overall was due to the need to relocate the bus stop. However, the correspondence the Council provided indicated the bus company were waiting on information from the Council between January and May 2021. So, there was avoidable delay at this point by the Council.
It took the Council 14 days to issue a quote to Mrs X once the bus company had relocated the bus stop. This was slightly longer than the 10 days it specifies in its policy document, and on its website at the time. There was some further delay after Mrs X paid the fees at the end of August.
During October and November there was discussion about where best to relocate the lamppost, although this delayed the start of works, this was not unreasonable. This is because the Council was responding to concerns raised by Mrs X and discussing the appropriate location for the lamppost. It was necessary to decide this before work could be started. Work was unable to take place before the Christmas break.
Mrs X explained that because of her change of circumstances, she cancelled her application and received a refund of all fees, less the £95 application fee. As fees are not refundable, the decision not to refund £95 was in accordance with the Council’s policy.
Overall, I found that while some of the delay was caused by the complexity of the case and the need to move the bus stop, there were also periods of avoidable delay by the Council. This was fault by the Council.
In addition, the Council acknowledged and apologised to Mrs X for failing to reply to some of her calls and contacts. This was no doubt frustrating for Mrs X as the matter continued for some time. I found that communication could have been improved as a whole and the Council could have better explained expected timescales.
Agreed action
To recognise the frustration and time Mrs X spent chasing progress and the elements of avoidable delay at various stages of the dropped kerb process, the Council agreed to pay Mrs X £150.
Final decision
There was fault by the Council. I have completed my investigation and closed my file.
Investigator's decision on behalf of the Ombudsman