Summary: We will not investigate this complaint about a dropped kerb because we could not add to any previous investigation by the organisation, further investigation would not lead to a different outcome and we cannot achieve the outcome someone wants.

The complaint

1. Ms Y complained the Council agreed to carry out work to put an extended dropped kerb outside Ms Y’s property for her disabled husband to be able to access their home as a reasonable adjustment for the cost of £1,500 but then failed to complete the works in March 2023 after utility cables were found to not have been lowered sufficiently. Ms Y says the cables were also damaged during the process, which has led to safety issues and problems accessing the internet in their home.
2. Ms Y says she has been unable to get off her property in her vehicle to get her husband to hospital due to people parking outside her property and due to her not being able to access the driveway at the correct angle without a dropped kerb her husband has fallen from his wheelchair. She has also been quoted £3,000 for someone to re-inspect the property but not for the revised works due to the damage caused by the Council.

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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:

• we could not add to any previous investigation by the organisation; or
• further investigation would not lead to a different outcome; or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

4. I considered information Ms Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. Ms Y is seeking an outcome of our investigation of the dropped kerb works being completed to extend her dropped kerb at the price she was previously quoted of £1,500 and for the faulty cables to be repaired. She is also seeking a yellow line outside her property to be painted to prevent others from parking on the raised kerb.
6. The dropped kerb extension works cannot however be completed by the Council. This is not due to the Council’s fault, but due to the height of the cables which have been placed underground by the utility company. The Council has acted to try to have the cables lowered, but the third-party utility company has refused to take this action. The Ombudsman does not have powers to recommend or require the third party to carry out work. Consequently, the completion of the dropped kerb extension is not a remedy we can achieve.
7. In this case we also are aware of why the dropped kerb extension could not be completed. This is due to a third-party having cables underground. Further investigation would not alter this. Consequently, we could not add to the previous investigation the Council has carried out and further investigation would not lead to a different outcome than that already in place.
8. For the reasons explained, we will not investigate this complaint.

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Final decision

9. We will not investigate Ms Y’s complaint because we could not add to any previous investigation by the organisation, further investigation would not lead to a different outcome and we cannot achieve the outcome someone wants.

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Investigator's decision on behalf of the Ombudsman