The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to allow the installation of a dropped kerb. That is because there is not enough evidence of fault by the Council.
The complaint
The complainant, Mr B, has complained about the Council’s decision not to allow the installation of a dropped kerb (vehicle crossover).
The Ombudsman’s role and powers
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 or may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants, or it would be reasonable for the person to ask for a council review.(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B complained to us because he is unhappy with the Council’s decision. He said he cannot install an electric vehicle charging point for cars without a dropped kerb to his driveway. But we are not an appeal body with powers to overrule a council’s decision. We would not intervene simply on the basis that someone disagrees with the decision.
Mr B appealed against the Council’s original decision to refuse his application. In its response to Mr B’s appeal, the Council said a highways officer had inspected the site and then consulted the tree officer because of the proximity of a highway tree. The tree officer’s view, after an inspection, was the tree was in good health and installation of a vehicle crossover would be detrimental to its health. When an application is referred to the Council’s tree officer, the tree officer’s decision is final.
There is insufficient evidence of service failings by the Council or fault in its decision-making process. Mr B wants the Council to review his application to take into account a third-party professional tree company’s tree impact survey. This is not enough justification for us to investigate this complaint. The Council’s tree officer has already considered the application after a site inspection and the judgement of that officer is final for the Council even if a suitably qualified third party disagrees with it.
Final decision
We will not investigate Mr B’s complaint because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman