Summary: We will not investigate Miss X’s complaint about the Council’s failure to take action against her neighbours for driving over raised kerbs. This is because the issue does not cause Miss X significant injustice.

The complaint

1. The complainant, Miss X, complains the Council is allowing her neighbours to drive over raised kerbs to access their driveways. She says this is dangerous and damages the highway and underground utilities. She also believes it is unfair as the Council threatened her with prosecution if she continued. As a result she applied and paid for a vehicle crossover/dropped kerb and is frustrated that the Council has allowed other residents to get away with not having to do this.

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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered information provided by Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. We do not investigate all the complaints we receive. In deciding whether to investigate we need to consider various tests. These include the alleged injustice to the person complaining. We only investigate the most serious complaints.
6. I understand that Miss X is frustrated the Council has not taken formal action against her neighbours but I have seen nothing to show this causes her significant injustice. Her safety concerns relate to vehicles crossing the pavement, whether there is a dropped kerb or not, and any benefit to her neighbours from not having to apply is not an injustice to her.
7. The pavement and kerbs, whether dropped or not, belong to the Council and it is responsible for their maintenance. So if Miss X believes vehicles have damaged them she should report her concerns to the Council in the first instance. The Council will then decide whether it is out of repair and, if so, what action it should take. Miss X may also report any damage to the utilities which run underneath the pavement to the relevant provider.

Back to top

Final decision

8. We will not investigate this complaint. This is because the actions Miss X complains about have not caused her significant enough injustice to warrant investigation.

Back to top

Investigator's decision on behalf of the Ombudsman