Southend-on-Sea City Council (18 019 243)
Category : Transport and highways > Street furniture and lighting
Decision : Closed after initial enquiries
Decision date : 07 May 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint about the Council removing two lampposts in a conservation area. It is unlikely he would find the complainant has been caused injustice that justifies the use of public funds to investigate.
The complaint
- The complainant, who I refer to here as Mrs B, has complained because the Council has replaced two lampposts in the conservation area where she lives.
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; or
- the injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered what Mrs B said in her complaint.
What I found
- Mrs B says the Council should not have removed two lampposts from a road in the conservation area where she lives. She says the modern replacements detract from the character of the conservation area.
- The Council says it needed to replace the lampposts and the new ones comply with its policy on lamppost design.
Final decision
- I have decided we will not investigate this complaint. This is because, while I appreciate Mrs B would like different lampposts, any injustice caused to her would not warrant our involvement.
Investigator's decision on behalf of the Ombudsman