The Ombudsman's final decision
Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s decision to refuse her application for a dropped kerb. This is because there is not enough evidence of fault to warrant an investigation by the Ombudsman.
The complaint
The complainant, whom I shall call Mrs X, complained about the Council’s decision to refuse her application for a vehicle crossover (a dropped kerb). Mrs X wants to be able to park on her property due to a lack of parking on the public highway.
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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered Mrs X’s complaint to the Ombudsman and the information she provided. I also considered the Ombudsman’s Assessment Code.
What I found
Mrs X applied for a dropped kerb so she could park on an area to the front of her property. The Council rejected Mrs X’s application because it did not meet the requirements set out in its published policy. It said the area to the front of Mrs X’s property was not large enough.
Mrs X appealed the Council’s decision. She said her car would not overhang the public highway and she would reinstate the pavement if she sold her property. Mrs X referred to other properties in the street with gardens the same size which had dropped kerbs.
The Council refused Mrs X’s appeal. It again said the application did not meet its policy and the Council did not enter into agreements with homeowners to reinstate the pavement if a property was sold. Other properties in the street would have been granted dropped kerbs before the Council introduced its current policy.
The Council has considered Mrs X’s application for a dropped kerb. It has explained to Mrs X it does not meet the requirements contained in its published policy. It has considered extra information from Mrs X and has decided its policy has been properly applied. The Council’s decision is in line with its published policy which is on its website. While I know Mrs X is unhappy with the Council’s decision, there is not enough evidence of fault by the Council for us to investigate.
Final decision
We will not investigate Mrs X’s complaint. This is because there is not enough evidence of fault to warrant an investigation by the Ombudsman.
Investigator's decision on behalf of the Ombudsman