Summary: Ms B complains the Council’s delay in fixing a streetlight led to her home being burgled. The Ombudsman will not investigate the complaint because the Council cannot reasonably be held responsible for the claimed loss and Ms B can take the matter to court if she wishes to pursue her claim.

The complaint

1. The complainant, who I refer to as Ms B, says the Council should compensate her for the loss she suffered when her home was burgled as she says this was a result of the Council’s delay in fixing the streetlight close to her property.

Back to top

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’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• it is unlikely an investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complain. (Local Government Act 1974, section 24A(6), as amended)

3. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

Back to top

How I considered this complaint

4. I considering the complaint I reviewed the information provided by Ms B. I gave Ms B the opportunity to comment on my draft decision and considered what she said.

Back to top

What I found

5. At the end of October 2018 Ms B reported to the Council that the streetlight just in front of her home was not working.
6. She says instead of the 10 days she had been told it would take to resolve the matter, it was not fixed until January 2019.
7. During the period waiting for the repair, Ms B telephoned to chase the matter, reporting that the street was too dark.
8. In December, Ms B’s home was burgled, and she made a claim to the Council’s insurers as she believes the Council’s delay in fixing the light had led to the burglary.
9. The Council’s insurers considered her claim but rejected it because the burglary did not occur as a result of any fault or negligence of the Council and was not foreseeable.

Assessment

10. Ms B says the darkness caused by the broken streetlight caused her home to be burgled and that because the Council failed to provide her with a service, she should be compensated for the loss she suffered.
11. While the burglary was clearly a most unfortunate and distressing incident, the Council cannot reasonably be held accountable for it or the loss suffered by Ms B.
12. If Ms B believes the Council was negligent, it is open to her to take the Council to court and it will determine the matter.

Back to top

Final decision

13. The Ombudsman will not investigate this complaint. This is because the Council cannot reasonably be held responsible for the claimed loss and Ms B can take the matter to court if she wishes to pursue her claim.

Back to top

Investigator's decision on behalf of the Ombudsman