The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s consideration of Mr B’s request for a dropped kerb. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Mr B complains the Council has refused his application for a dropped kerb outside his home. Mr B says he needs close access to his vehicle for health reasons. Mr B would like the Council to reassess his application.
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 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), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr B and information on the Council’s website about how the Council considers applications for a dropped kerb.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mr B’s complaint. This is because there is not enough evidence of fault to justify an investigation.
The Council has told Mr B that even though he has not made a formal application the Council has assessed his request and found it does not meet the Council’s criteria for approval.
The Council has explained to Mr B that a dropped kerb in this location would pose a safety risk mainly because there is a bus stop next to Mr B’s home. The Council has also explained that Mr B’s representations about why he needs a dropped kerb are not part of the Council’s assessment criteria.
The Council has considered Mr B’s request in line with its policy and there is no information to indicate the Council was at fault for providing this advice.
So, an investigation by the Ombudsman is not justified.
Mr B may ask the Council if there are any other options to help him park close to his home for health reasons.
Final decision
We will not investigate Mr B’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman