Summary: We will not investigate this complaint about the Council’s decision relating to street numbering. It is unlikely we would find fault in the Council’s decision not to act, and we cannot achieve what X is looking for.

The complaint

1. X complained because they were affected by an issue relating to street numbering in their local area. They said the Council had a power to address the issue through relevant legislation, but it declined to act without properly explaining why. X said this had a significant impact on them.
2. X wants the Council to review its decision and to take enforcement action in line with its powers.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. X complained about an issue relating to street numbering affecting their local area. They said the Council investigated their concerns and declined to act under legislation that could have addressed their concerns.
8. On the evidence I have seen, the Council said it had considered whether it would have been proportionate to take enforcement action and decided it was not. It also said its decision was weighed against resourcing considerations and whether there would be practical challenges of enforcing compliance with any enforcement action.
9. The Ombudsman is not an appeal body, and we don’t take a second look at a decision to decide if it was wrong. We look at whether the Council considered its powers and if it did so, we cannot criticise the decision unless it was obviously flawed.
10. Given the explanation it gave to X about why it would not act, I can see no reason to criticise the Council’s decision, albeit I accept X will be disappointed with it. In any case, in so far as it affects this complaint, the Council has a power to act here, but not a duty to do so, and so we could not direct it to take action in line with what X wants to happen.

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Final decision

11. We will not investigate X’s complaint because it is unlikely we would find fault, and we cannot achieve what X is looking for.

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Investigator's decision on behalf of the Ombudsman