The Ombudsman's final decision
Summary: We will not investigate this complaint about an unsuccessful application for a dropped kerb. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mrs X, disagrees with the Council’s decision not to grant permission for a dropped kerb.
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mrs X and the Council. This includes photographs, the decision letters and the dropped kerb policy. I considered our Assessment Code and invited Mrs X to comment on a draft of this decision.
My assessment
The dropped kerb rules say the Council will refuse permission when the front garden is less than 4.8 metres in depth and 2.4 metres wide. This is to ensure there is enough space for a car to fully park on the drive without overhanging the path. The policy says that in the past the Council approved applications which did not meet this size requirement and it caused safety issues. The policy says the Council no longer approves applications where the size requirement is not met.
Mrs X applied for a dropped kerb. The Council rejected the application because her front garden does not meet the size requirements.
Mrs X appealed and provided evidence that her car fits into the space and does not overhang the pavement.
The Council confirmed its decision not to grant consent. It repeated that Mrs X’s garden does not meet the minimum size requirements and said that, while her car fits into the space, future owners might have larger cars which would overhang.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. The rules say the Council will refuse an application if the front garden does not meet the size requirements. The rules do not say the Council will grant permission if the applicant’s car fits in the space without overhanging. The Council’s decision is consistent with the policy so there is no reason to start an investigation. We are not an appeal body and we cannot intervene simply because a council makes a decision that someone disagrees with.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman