Summary: We will not investigate Mr X’s complaint about information provided during a vehicular crossing application. It is unlikely we could find the Council’s fault directly caused Mr X an injustice.

The complaint

1. Mr X says the Council failed to tell him about the full costs involved in constructing a vehicle crossover.

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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; or
• any fault has not caused injustice to the person who complained; or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X which included the Council’s reply to his complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X applied to the Council for a kerb to be dropped to allow vehicular access to his property. He paid the administration fee. The Council issued a decision notice agreeing his site was suitable. Mr X paid for a hardstanding on his land. He then discovered there was an extra cost for strengthening a utility inspection chamber. He had not expected this. He says the Council should have given him clearer information. He complained to the Council.
6. In reply, the Council apologised for missing out a normal standard paragraph in its decision notice which would have said the notice meant the dropped kerb was suitable but feasibility would depend on other factors, including the utilities.
7. In its second complaint response, the Council said the possibility of utility costs is clear in its vehicular crossing policy.

Analysis

8. On the Council’s website section about vehicular crossing applications it tells applicants, “you must read” the application guidance and policy before applying. Those documents say there can be additional costs if the utility company considers it necessary to move or protect underground pipes or wires.
9. It is unlikely our investigation could decide Mr X has been directly caused any additional costs because of Council fault.

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Final decision

10. We will not investigate Mr X’s complaint because it is unlikely we could find he has been caused any direct injustice because of the Council’s fault.

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Investigator's decision on behalf of the Ombudsman