The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council not properly considering Mrs X’s exceptional circumstances when it refused her application for a dropper kerb. This is because there is insufficient evidence of fault by the Council.
The complaint
Mrs X complains the Council has not properly considered her exceptional circumstances when it refused her application for a dropped kerb. She said the Council has failed to act in line with Equality Act 2010 and this is impacting her and her son’s quality of life. Mrs X wants the Council to act in line with the law.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
After the Council refused Mrs X’s dropped kerb application, she asked it to reconsider because of serious safety concerns for her son.
The Council explained the proposed access was within a bus stop. It said allowing vehicles to cross there would create a safety risk and interfere with public transport operations. It also considered whether it could move or remove the bus stop, but decided this would conflict with other bus stops, nearby junctions, and create an unreasonable distance between stops.
The Council considered Mrs X’s exceptional circumstances. However, it said it could only use discretion where an application failed to meet minor design standards. It said it could not approve a crossing in a location its policy identifies as unsafe or unsuitable. The Council also explained Mrs X could create vehicular access to the rear of her property without permission, as this was a private road.
There is not enough evidence of fault in the Council’s decision-making. The Council considered Mrs X’s circumstances, the safety and transport implications of the proposed crossing, whether the bus stop could be moved, and alternative access to the property. It is for the Council to decide how to apply its policy and discretion. We cannot question the merits of that decision where there is no evidence of fault in how it was reached.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman