The Ombudsman's final decision
Summary: We 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 by the Council.
The complaint
The complainant, Mrs X, complains about the Council’s decision to refuse her application for a dropped kerb.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mrs X and the Ombudsman’s Assessment Code.
My assessment
We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, even though a complainant may disagree with the decision the organisation made.
While Mrs X clearly disagrees with the Council’s decision I have seen no evidence of fault in the way it was reached. The space available for parking off-road does not meet the Council’s criteria for a dropped kerb and the Council considers the location of any dropped kerb for Mrs X’s property would not be suitable given its proximity to a road junction. The Council has also considered the impact on Mrs X of not having a dropped kerb in terms of her disability, which she says affects her mobility. On this point it has suggested that Mrs X may apply for a disabled parking bay, if she has a blue badge.
Because I have seen no evidence of fault in the way the Council reached its decision the law does not allow me to question it.
Final decision
We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman