Eastbourne Borough Council (22 015 172)
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the Council’s street-numbering approval. This is because there is not enough evidence of fault by the Council and the injustice Ms X claims is largely the result of the actions of third parties, rather than the Council’s decision.
The complaint
- The complainant, Ms X, complains the Council approved a street numbering application which created a property with an address very similar to her own. She says this has resulted in her receiving post and deliveries for the new property and in the new property receiving her deliveries. She also says that as a result of applications by the resident at the new property her housing benefit, council tax and utilities accounts have been affected. She wants the Council to re-number the new property.
The Ombudsman’s role and powers
- The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- any fault has not caused injustice to the person who complained, or
- any injustice is not significant enough to justify our involvement, or
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome, or
- we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by Ms X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The injustice Ms X claims is largely the result of the actions of third parties. Ms X’s housing benefit and council tax accounts were adjusted following an application by the new resident under Ms X’s address. When Ms X contacted the Council these issues were resolved quickly and without the need for any action by her. The ongoing issues she complains about relate to the practices of courier companies and other businesses and the Council has no control over these. Royal Mail have advised Ms X to raise any concerns with her local delivery office and Ms X may contact any of the companies involved if she wishes to complain.
- The Council has explained the reasons it approved the street numbering application and the law does not allow us to question its judgement on this issue. We also cannot achieve the outcome Ms X wants, which is to renumber the new property.
- The Council has however spoken with the owner of the new property and made suggestions, which they have now followed, to rectify the issues Ms X has experienced.
Final decision
- We will not investigate this complaint. This is because there is not enough evidence of fault in the way the Council decided to approve the street numbering application. We also could not say the decision itself caused Ms X significant injustice as the injustice she claims is largely the result of the actions of third parties.
Investigator's decision on behalf of the Ombudsman