Summary: We will not investigate Ms X’s complaint the Council failed to accept responsibility for a collapsed dropped kerb. This is because there is not enough evidence of fault to justify investigating and further investigation would not lead to a different outcome.

The complaint

1. Ms X complained the Council poorly constructed her dropped kerb which collapsed when a delivery person stepped on it. She said the Council failed to properly inspect the work at the time and is now asking her to pay for repairs.
2. She wants the Council to admit it poorly constructed the kerb and cover the repair costs.

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The Ombudsman’s role and powers

3. 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, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered ther complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In 2017, the Council installed a dropped kerb for Ms X. In 2024, she reported the kerb collapsed when a delivery person stepped on it. Ms X said the Council had originally constructed it poorly and failed to inspect the work at the time. Ms X said the Council is now unjustly asking her to pay for the repair costs, stating the Council should be held liable.
7. In its response to the complaint, the Council said it constructed the kerb in accordance with the required specifications. It further explained, over time, climatic conditions can cause spaces beneath footways due to rain washout, leading to surface collapse under weight. We will not investigate Ms X’s complaint the Council constructed the kerb poorly as there is not enough evidence of fault to justify investigating.
8. The damage occurred between the kerb and Ms X’s property, on a section of the pavement that is part of the public highway. The Council initially charged Ms X for the repair costs in error but later acknowledged its mistake and issued a credit note to cover the full amount. Since the Council has accepted responsibility for maintaining the public highway and has issued a credit note to Ms X, further investigation would not lead to a different outcome and we will not investigate Ms X’s complaint.

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Final decision

9. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify investigating and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman