Summary: We cannot investigate Mr X’s complaint about the Council’s failure to include his property in a project to upgrade broadband services in its area. This is because the complaint does not concern a local government administrative function; it therefore falls outside our jurisdiction.

The complaint

1. The complainant, Mr X, complains the Council failed to include his property in a broadband infrastructure project designed to deliver superfast services to residents in its area. As a result Mr X says his broadband options are limited and he is concerned about the possibility of future upgrades.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about issues which do not concern a local government administrative function. (Local Government Act 1974, section 24A(1), as amended)

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How I considered this complaint

4. I reviewed Mr X’s complaint and the Council’s response. I shared my draft decision with Mr X and considered his comments.

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What I found

5. The Council has worked with a supplier to put in place the infrastructure required to deliver superfast broadband to its residents over several years. It carried out the project in three phases and awarded a contract for the final phase in 2018.
6. After the Council awarded the contract but before work began Mr X found out his property was not connected to the superfast network and was not included within the final phase of the project. He raised the issue with the Council and the Council says it discussed the matter with its supplier. But the supplier’s records indicated Mr X’s property was already connected so when it drew up its plans for the final phase these did not include Mr X’s property.
7. Mr X is frustrated his property was not included in the upgrade and is concerned the supplier’s inaccurate records will stop him benefitting from further upgrades in the future. But the project itself is part of a central government initiative, rather than a local government administrative function. Mr X’s complaint about it therefore falls outside our jurisdiction.

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Final decision

8. We cannot investigate this complaint. This is because it does not concern an administrative function of the Council.

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Investigator's decision on behalf of the Ombudsman