The Ombudsman's final decision
Summary: We will not investigate Mrs B’s complaint about the Council’s refusal of her dropped kerb application. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Mrs B complains the Council wrongly refused her application for a dropped kerb on the basis the property is too close to a junction. Mrs B says similar properties nearby already have a dropped kerb.
Mrs B also says the district council granted planning permission for off street parking and told her the plans met the Council’s highways requirements. Mrs B complains the Council did not respond to the district council when her planning application was submitted.
Mrs B says she has paid for an off street parking area to be created at the front of her property which she now cannot use.
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 Mrs B and the Council. I have also considered information on the Council’s website about dropped kerb applications and have viewed Mrs B’s property on Google Maps and Streetview.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council’s policy on dropped kerbs says the proposed site must be 15 metres from an A, B or C road or 10 metres from a minor road. The Council refused Mrs B’s application for a dropped kerb because the application site is less than 10 metres from a junction.
I have not seen any information to indicate the Council’s decision was affected by fault. The Council’s decision was in line with its policy. The Council is not at fault for applying its current policy requirements to Mrs B’s application even if other properties nearby were granted dropped kerbs in the past.
The Council says the district council did not consult it about Mrs B’s planning application for an off street parking area and would have used the highways standing advice which the Council provided to district councils.
So, the information does not indicate the Council failed to respond to a request for highways advice from the district council.
There is not enough evidence of fault to justify an investigation into Mrs B’s complaint.
Final decision
We will not investigate Mrs B’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman