The Ombudsman's final decision
Summary: We will not investigate Mr and Mrs X’s complaint about the Authorities decision to not move a bus stop. This is because there is not enough evidence of fault by the Authority to justify investigating.
The complaint
Mr and Mrs X complain the Authority prevented them from installing a dropped kerb. They say the Authority unreasonably refused to allow a dropped kerb over a bus stop and refused to remove or relocate the bus stop.
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 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 and Mrs X and the Authority.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr and Mrs X were given temporary approval for a dropped kerb by a different authority. The different authority explained Mr and Mrs X would also need permission from this Authority due to a bus stop in front of their property.
Mr and Mrs X asked the Authority if they could have a dropped kerb in front of their property. The Authority said a dropped kerb could not be installed over the bus stop because it could affect those with accessibility needs getting on and off the bus. The Authority also explained it could not relocate the bus stop because there was no suitable alternative location.
While I recognise the difficulty experienced by Mr and Mrs X and the reasons for their dropped kerb request, there is not enough evidence of fault by the Authority to warrant an investigation. The Authority acted in accordance with its established policies when considering the request and provided a clear explanation of its reasons to Mr and Mrs X.
Final decision
We will not investigate Mr and Mrs X’s complaint. This is because there is not enough evidence of fault by the Authority to justify investigating.
Investigator's decision on behalf of the Ombudsman