Summary: We will not investigate this complaint about the Council not responding to the complainant’s concerns about issues arising from cable laying outside his home. This is because the injustice he claims is not significant enough to warrant our involvement.

The complaint

1. Mr X complains he did not receive a response from the Council about issues arising from cable laying in the road outside his home. He says this has caused him frustration and he would like a response to the points he raised.

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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’.
3. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council. I also considered our Assessment Code.

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My assessment

5. Two private communication companies laid cables in the road where Mr X lives. In January 2021 he contacted his local councillor about damage to the grass verge and paving slabs outside of his property caused by the second cable works. Mr X was also concerned that cable work was carried out on two separate occasions which he felt was unnecessary.
6. The company that carried out the second works responded to Mr X directly in January 2021.
7. Mr X’s councillor asked Council officers for an update on the remedial works in April, June and July 2021. Officers responded on each occasion explaining the communication company would complete the work but it could not provide a timescale.
8. The Council has confirmed the remedial work is now complete and it has discussed the matter with Mr X directly.

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Final decision

9. We will not investigate this complaint. This is because any injustice caused by a lack of direct response from the Council is not significant enough to warrant our involvement.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman