Summary: The Ombudsman will not investigate Mr X’s complaint about the Council’s failure to respond to a telecoms providers about installation of a broadband cabinet. This is because it is unlikely we could prove fault by the Council so long after the event.

The complaint

1. The complainant, Mr X, complains the Council failed to respond to a letter from a telecoms provider notifying it of its intention to install a broadband cabinet on the highway verge. Mr X bought the property with the cabinet in place and says the cabinet affects access to/from his property.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended) ]

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How I considered this complaint

3. I reviewed Mr X’s complaint and the Council’s response. I shared my draft decision with Mr X’s further comments and evidence.

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What I found

4. The Council granted planning permission for Mr X’s property more than 10 years ago. After this, a telecoms provider wrote to notify the Council it intended to install a broadband cabinet on the highway verge outside the property. The Council says it did not receive the provider’s notification but the provider has provided evidence to show it was sent. Mr X has been trying to negotiate removal of the cabinet for more than five years and has suggested alternative positions for it on his land. He would like the Council to pay the provider’s costs for moving the cabinet.
5. The Ombudsman will not investigate this complaint. The main issue concerns delivery of a letter some eight years ago and while the provider has evidence to show it sent the letter, there is no evidence available to show the Council received it. It is therefore unlikely we could say the Council was at fault for failing to respond to the notification and suggesting the cabinet should be installed elsewhere.

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Final decision

6. The Ombudsman will not investigate this complaint. This is because the complaint concerns actions dating to more than eight years before Mr X’s complaint to the Ombudsman and it is unlikely we could prove fault by the Council so long after the event.

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Investigator's decision on behalf of the Ombudsman