Sunderland City Council (19 017 592)

Category : Transport and highways > Street furniture and lighting

Decision : Closed after initial enquiries

Decision date : 09 Mar 2020

The Ombudsman's final decision:

Summary: Mr B complains about the Council’s failure to properly light subways in his area. The Ombudsman will not investigate the complaint because it is unlikely an investigation will lead to a different outcome.

The complaint

  1. The complainant, who I refer to as Mr B, says the Council has failed to take appropriate action in relation to broken street lights and subway lights in his area and that its repairs for subway lighting near him do not adequately light the subway. He says the lack of proper lighting is dangerous and puts those who use the subway at risk of crime and slipping.

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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’. 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
  • the injustice is not significant enough to justify our involvement, or
  • it is unlikely we could add to any previous investigation by the Council, or
  • it is unlikely further investigation will lead to a different outcome, or
  • we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. In considering the complaint I reviewed the information provided by Mr B. I gave him the opportunity to comment on my draft decision and considered what he said.

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What I found

  1. Mr B is disabled and has mobility problems. He complained to the Council about poor or absent lighting from subways in his area.
  2. The Council responded to him and explained that vandalism to subway lighting in some areas had been an ongoing problem for a number of years. It said different Council departments were working to identify vandals and undertake repairs. However, it also advised that a number of subways had suffered vandalism which had effected electrical cabling within the structure itself and that in these cases, including the subway Mr B had specifically commented on, it had introduced floodlighting until such a time as lasting repairs can be carried out.
  3. Dissatisfied with the Council’s response, Mr B complained to the Ombudsman.

Assessment

  1. It is most unfortunate that the Council’s subway lighting has been so affected by vandalism in certain areas, including that highlighted by Mr B. Where it has been able to do so, the Council has carried out repairs and installed floodlighting until such a time as it has the funds available to carry out the major repairs needed.
  2. This is a most disappointing situation for Mr B, particularly as he feels that as a person with mobility problems it is not safe for him to walk in the dark without proper lighting as he cannot see dangers ahead. However, I do not consider an investigation by the Ombudsman would be likely to lead to a different outcome for the complaint. Mr B has pointed out that the Council has spent large amounts of money on high cost projects like a civic centre. However, it is the Council’s responsibility to manage its budget and to prioritise outstanding work and repairs and this includes work to pot holes and for cleaning mud off paths.

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Final decision

  1. The Ombudsman will not investigate this complaint. This is because an investigation by the Ombudsman is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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