The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s decision to grant a dropped kerb to a neighbouring house on her street. This is because she was not caused a significant personal injustice.
The complaint
Ms X complained the Council granted a dropped kerb for another property on her street. Ms X said this could lead to additional dropped kerbs being granted for other properties in the future, affecting access for other properties in the area.
Ms X said the matter caused her frustration and uncertainty.
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 or continue an investigation if we decide: any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X said the Council: failed to consider the individual circumstances of her street’s layout; and approved the dropped kerb, setting a precedent for dropped kerbs in the area which could lead to access issues in the future.
The Council explained to Ms X how it made its decision and the reasons why. While Ms X is dissatisfied with the response, the Council’s decision to grant a dropped kerb does not set a precedent. It is for the Council to consider each application it receives for a dropped kerb and to determine the impact of those in each case. Ms X’s concerns are about speculative injustice she may face in the future if additional dropped kerbs are granted and the impact on her street. The Ombudsman does not investigate speculation.
There is still parking available on the street and Ms X is still able to access her home as before. Therefore, we will not investigate this complaint because Ms X has not been caused a significant personal injustice.
Final decision
We will not investigate Ms X’s complaint because she has not suffered a significant personal injustice.
Investigator's decision on behalf of the Ombudsman