Summary: We will not investigate Mr X’s complaint about a neighbour suspending a cable over the highway. This is because the matter has not caused Mr X a significant personal injustice which would merit an investigation. The complaint also lies outside our jurisdiction because it is late.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council’s handling of his complaint that a neighbour has illegally suspended a cable over the highway.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start or may decide not to continue with an investigation if we decide: any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr X complains his neighbour has illegally suspended a cable over a highway. Mr X first reported this to the Council in late 2019. The Council asked Mr X’s neighbour to remove the cable, which he did, but he later reinstalled it.
8. The Council asked Mr X’s neighbour to remove the cable again but he has not yet done so.
9. The Council told Mr X it does not intend to allow the cable to remain in place. However, it must prioritise its resources and as the cable is not a danger, nor causing Mr X any significant inconvenience or nuisance it does not require urgent action. It must give higher priority to issues causing a danger or nuisance to members of the public. However, it will take appropriate action in due course, if the cable remains in place.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because the matter complained about has not caused Mr X a significant personal injustice which would merit an investigation.
11. The complaint also lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. Mr X has been aware of this issue since late 2019. However, due to the lack of significant personal injustice, this is not a matter we would have investigated even if it had been made within 12 months.

Back to top

Investigator's decision on behalf of the Ombudsman