The Ombudsman's final decision
Summary: We have upheld Ms X’s complaint about the installation of a dropped kerb at her home. The Council has remedied the injustice to Ms X during its complaint process.
The complaint
Ms X complains that after installation of a dropped kerb at her home, the Council said two of the kerbstones needed to be removed.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and s34H(1), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained that after the Council’s contractor installed nine kerbstones at her home, the Council wrote to her to say that some of these would need to be removed.
The Council explained that it had agreed for the contractor to install five kerbstones. This is in line with its policy and in recognition of the difficulties Ms X had accessing her new drive. It said nine had been installed due to miscommunication between the Council, its contractor and a sub-contractor.
The Council apologised to Ms X. It reviewed the case because it received a complaint. In recognition of Ms X’s personal circumstances, it said it would compromise and only ask for two kerbstones to be removed.
I will not investigate this complaint. The Council’s decision was based on Council policy, Ms X’s specific circumstances and the impact on parking in the area. The Council followed the appropriate procedures when making this decision and, therefore, I cannot criticise it.
The Council has taken steps to improve its service by committing to review internal procedures.
Final decision
We will not investigate Ms X’s complaint because the Council remedied the injustice to Ms X during its complaints process.
Investigator's decision on behalf of the Ombudsman