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, Ms X, complains about the Council’s decision to reject 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 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 Ms X and the Council. This includes the application, photographs taken during the inspection, and correspondence about the application. I also considered our Assessment Code.
My assessment
Ms X applied for a dropped kerb. The Council inspected the site and decided she does not qualify due to a lack of kerb space and the presence of a street light.
Ms X appealed. She explained she could pay to relocate the street light and disputed there is not enough space. In response the Council confirmed its decision because Ms X’s property does not have 4.8 metres of available kerb.
I will not start an investigation because there is insufficient evidence of fault by the Council. The Council’s dropped kerb policy says that to approve an application there must be 4.8 metres of available kerb. The Council inspected the site and found there is not enough kerb to meet this threshold. The decision reflects the policy so there is no reason to start an investigation.
Ms X says the Council did not do an inspection but I have seen photographs which show an officer visited. Further, the photographs show there would not be 4.8 metres of available kerb even if Ms X paid for the light to be moved.
Ms X has explained why she wants a dropped kerb but we are not an appeal body. We can only intervene if there is fault in the way a council makes a decision and there is no suggestion of fault. We could not ask the Council to approve an application when that would be contrary to the dropped kerb policy.
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