Summary: We will not investigate Mr X’s complaint about the Council’s installation of a dropped kerb. This is because the issue does not cause Mr X significant injustice.

The complaint

1. The complainant, Mr X, complains the Council did not follow his request regarding the installation of a dropped kerb at his property. He says the process is not clear and he could not have known the Council would separate his dropped kerb from his neighbour’s, which was not what he wanted.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
5. I understand Mr X would have preferred for his dropped kerb to continue from the boundary with his neighbour’s property but I have seen no evidence to show the way it has been constructed causes him significant injustice.

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Final decision

6. We will not investigate this complaint. This is because the Council’s actions have not caused Mr X significant injustice.

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Investigator's decision on behalf of the Ombudsman