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

  1. 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.

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The Ombudsman’s role and powers

  1. 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’.
  2. 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)

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How I considered this complaint

  1. I have considered what Mrs B said in her complaint.

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What I found

  1. 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.
  2. The Council says it needed to replace the lampposts and the new ones comply with its policy on lamppost design.

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Final decision

  1. 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.

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Investigator's decision on behalf of the Ombudsman

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