The Ombudsman's final decision
Summary: We will not investigate this complaint about an application for a dropped kerb because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, wants the Council to grant permission for a dropped kerb. He has referred to a new policy which permits parallel parking in conjunction with 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 Mr X and the Council. This includes Mr X’s previous complaint to us and some information from the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to us in 2020 about the Council’s decision to reject his application for a dropped kerb. We did not investigate the complaint because the Council had not yet adopted the road and could not give permission for a dropped kerb.
The Council changed the dropped kerb policy this year and will, in some circumstances, now give permission for a dropped kerb which involves parallel parking. Further, the Council has recently adopted Mr X’s road. The Council suggests Mr X apply for a dropped kerb, and use the pre-application process, so it can consider an application under the current rules.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. Mr X has not submitted an application since the road was adopted so there has been no application for the Council to consider. We cannot investigate a complaint about an application that has not been made and we have no power to decide if Mr X qualifies for a dropped kerb. It will be for the Council to consider an application and decide if Mr X qualifies under the new rules.
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