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

The complaint

1. The complainant, Mrs X, disagrees with the Council’s decision not to approve her application for a dropped kerb.

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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 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))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council. This includes the complaint correspondence and the dropped kerb policy. I also considered our Assessment Code.

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My assessment

4. The Council’s dropped kerb policy says a successful application requires an absolute minimum driveway depth of 4.8 metres. The policy says parallel parking is not permitted and an application is likely to be refused if the proposed access is within 10 metres of a junction. The policy says the Council will not take existing dropped kerbs into account when assessing new applications.
5. Mrs X applied for a dropped kerb and said she has space to park parallel to the road. She explained she would like a dropped kerb to help a family member who has a disability.
6. The Council visited twice but rejected the application because the depth is 4.18 metres. It referred to the proximity of the proposed access to a junction and said it cannot take existing dropped kerbs into account. It acknowledged the health issues but said it cannot approve the application.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. Mrs X explained why a dropped kerb would be beneficial but the Council’s decision reflects the policy so there is no reason to investigate the complaint. Mrs X’s proposed driveway does not meet the minimum depth requirement and parallel parking is not permitted. In addition, while I do not know if the junction is within 10 metres of the proposed access, images of the street suggest this may be the case and Mrs X’s house is on a corner.
8. I understand why Mrs X is disappointed, but we are not an appeal body. It is not our role to re-make the decision and we cannot tell the Council to reverse the decision. The decision reflects the policy so there is no reason for us to intervene.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman