Kent County Council (23 019 104)
Category : Transport and highways > Other
Decision : Closed after initial enquiries
Decision date : 15 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s refusal to allow him to lay a charging cable across the pavement once a week to charge his vehicle. This is because there is not enough evidence of fault by the Council.
The complaint
- The complainant, Mr X, complains the Council has refused his request to allow him to charge his vehicle from his home once a week by laying a charging cable across the pavement.
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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
- We are not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly we cannot question whether the decision was right or wrong.
- The Council has explained it would not allow Mr X to lay a cable across the pavement to charge his vehicle as it would amount to an obstruction and a safety hazard. It went on to suggest that if he does lay a cable across the pavement and it is reported or comes to the attention of an enforcement officer they would take appropriate action to deal with it.
- The reasons for the Council’s decision are clear and rational and I have seen no evidence of fault in the way it was reached. We cannot therefore question it.
Final decision
- We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman