Essex County Council (20 007 808)
Category : Transport and highways > Highway repair and maintenance
Decision : Closed after initial enquiries
Decision date : 03 Feb 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s failure to remove the remains of a damaged lamppost from outside the complainant’s home. Investigation would not lead to a different outcome because the Council has carried out the work.
The complaint
- The complainant, who I refer to here as Mr B, has complained the Council had not removed the remains of a damaged lamppost outside his home.
The Ombudsman’s role and powers
- 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 an investigation if, for example, we believe:
- it is unlikely we would find fault;
- the fault has not caused injustice to the person who complained;
- any injustice is not significant enough to justify our involvement; or
- it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered what Mr B said in his complaint and background information provided by the Council. Mr B commented on a draft before I made this decision.
What I found
- A vehicle damaged a lamppost outside Mr B’s home in June 2020. The Council removed most of the lamppost but left the base section in the ground. Mr B was unable to carry out permanent repairs to his drive while this section remained in place.
- In October 2020, Mr B asked the Council when it would remove the rest of the lamppost but it told him this would not be until the next financial year. This contradicted what the Council had told him previously.
- When we asked the Council for information on Mr B’s complaint, the Council said it had reviewed the situation and arranged for the work to be carried out in the near future. It has done this.
Final decision
- I have decided we will not investigate this complaint. This is because it would not achieve any different outcome now the Council has removed the remains of the lamppost.
Investigator's decision on behalf of the Ombudsman