Cheshire East Council (19 015 621)
Category : Transport and highways > Street furniture and lighting
Decision : Closed after initial enquiries
Decision date : 21 Jan 2020
The Ombudsman's final decision:
Summary: Mrs J complains that the Council has refused to move a lamppost that partially obscures her driveway. The Ombudsman will not investigate this complaint because it is unlikely that we would find fault by the Council.
The complaint
- Mrs J complains that the Council has refused to move a lamppost that partially obscures her driveways. She says that this is causing stress and anxiety to her household and visitors.
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 or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered the complaint and the information provided by Mrs J.
- I considered the final response from the Council.
- I have written to Mrs J with my draft decision and given her an opportunity to comment.
What I found
- Mrs J asked the Council to move a lamppost that partially obscures her driveway. She says that the position of the lamppost makes reversing into her driveway difficult and dangerous. Mrs J also wants to buy a caravan and would not currently be able to manoeuvre one past the lamppost into her driveway.
- The Council considered Mrs J’s request and advised her that it will not move the lamppost because it does not pose a risk. Because it does not pose a risk, the Council is not obligated to move the lamppost in order to accommodate Mrs J’s wishes.
- The Council has explained to Mrs J that the lamppost can be moved, but this would need to be at her own expense.
- The Council is not at fault for deciding not to move the lamppost.
Final decision
- The Ombudsman will not investigate this complaint because it is unlikely that we would find fault by the Council.
Investigator's decision on behalf of the Ombudsman