The Ombudsman's final decision
Summary: We will not investigate this complaint about an unsuccessful application for a dropped kerb. This is because the Council has now approved the application.
The complaint
The complainant, whom I refer to as Mr X, complained about the Council’s decision to refuse his application 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 the problem has been resolved. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
Mr X applied for a dropped kerb. The Council refused the application due to the presence of a grass verge.
Since the Council made that decision it has carried out another inspection and has approved the application. It is now preparing a quote to send to Mr X.
Final decision
We will not investigate this complaint because the Council has approved the application.
Investigator's decision on behalf of the Ombudsman