Summary: We will not investigate this complaint about an unsuccessful application for a dropped kerb in 2022. This is because there is insufficient evidence of fault by the Council and because it is a late complaint.

The complaint

1. The complainant, Ms X, complains about the Council’s decision to refuse her application for a dropped kerb. She says other properties have a dropped kerb even though they are close to a road hump. Ms X wants the Council to approve the application.

Back to top

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 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 cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

Back to top

How I considered this complaint

4. I considered information provided by Ms X. This includes the Council’s response to the appeal. I also considered the Council’s dropped kerb policy, images of the proposed site, and our Assessment Code.

Back to top

My assessment

5. Ms X applied for a dropped kerb in 2022. The Council rejected the application because the site of the proposed crossover is close to a road hump.
6. The Council responded to the appeal in December 2022. It referred to the policy which says a dropped kerb will not normally be approved where the crossing would be near a traffic calming measure. The Council explained that applications are assessed against the current policy which supersedes any previous policies. It said that no precedent is set in relation to previous dropped kerbs that have been constructed.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. The policy says the Council will not approve an application when the proposed site is near traffic calming measures. Photographs of the site show the dropped kerb would be very close to a road hump. In addition, the policy says the Council can only consider applications in relation to the current policy; this means that existing dropped kerbs, near a road hump, cannot be taken into account. The Council’s decision reflects the policy so there is no reason to start an investigation.
8. Further, this is a late complaint. The Council rejected the application in 2022 but Ms X did not complain to us until 2024. I have not seen any good reason to accept a late complaint, especially as there is no suggestion of fault.

Back to top

Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because this is a late complaint.

Back to top

Investigator's decision on behalf of the Ombudsman