The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s handling of his application for a vehicle crossover. This is because there is not enough evidence of fault to warrant an investigation.
The complaint
Mr X complains about the Council’s decision to his application and appeal for a vehicle crossover. He says the Council wrongly stated his property is in a flood risk area and gave maintenance costs as a reason for refusing the application. He also says it was inappropriate to comment on the cost of converting his front garden, which is not the Council’s concern, and failed to show how it considered his personal circumstances in reaching its decision.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
It is clear Mr X disagrees with the Council’s decision not to allow him a vehicle crossover but I have seen no evidence of fault affecting the way it was reached. We cannot therefore criticise it.
The Council refused Mr X’s application because it would result in the loss of an area of grass verge which would in turn have an unacceptable effect on the ability to retain water and to mitigate the risk of surface water flooding.
While the letter referred to flooding hotspots this reference does not amount to a statement that Mr X’s property is in a flood risk area, or show the Council’s decision is based on inaccurate information regarding the likelihood of flooding in the immediate vicinity. It also does not show the Council refused the application due to the cost to Mr X of converting his front garden to provide off-street parking.
I note Mr X considers possible future maintenance costs are not relevant to the decision it is for the Council to decide what is or is not relevant and it is entitled to decide to take account of such costs in reaching a decision.
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