Summary: We will not investigate Mr X’s complaint about the Council’s decision to refuse his application for a vehicle crossover. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains about the Council’s decision to refuse his application for a vehicle crossover. He says this is unfair, as the Council has previously approved an application at a nearby, similar property. He wants the Council to approve his application.

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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 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))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this 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. The Council’s vehicle crossing policy states that in order to approve a vehicle crossover application, the depth of the frontage parking space at the property must be at least five metres.
7. The Council refused Mr X’s application on the basis that the depth of his available parking space was less than five metres. Although Mr X accepts this, he says the Council’s decision is unfair, as it has previously approved an application from a nearby resident with an identical depth driveway to his own.
8. We will not investigate this complaint. The Council’s decision to refuse Mr X’s application appears in line with its policy. We could not require it to approve Mr X’s application based on a decision it made on a different application. The Council is entitled to consider each case individually and on the facts of each case. There is insufficient evidence of fault in the decision to refuse Mr X’s application to warrant an investigation.

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Final decision.

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman