Summary: Ms B complains about the Council’s actions in repositioning a lamp post closer to her property. 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 Ms B, says the Council has installed a new lamp post closer to her property which she fears will be used by children to access her property in an area already suffering from anti-social behaviour. She wants the Council to move the post to its previous location so children cannot climb up it.

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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
• 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

3. In considering the complaint I spoke to Ms B and reviewed the information she and the Council provided. I gave Ms B the opportunity to comment on my draft decision.

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What I found

4. Ms B contacted the Council when she became aware that a lamp post had been repositioned against her property. She said that its new position gave her concern the post would be used by children to climb onto her roof and access her garden. She said the area was a hot spot for anti-social behaviour and that she could see the light shining in her garden through her curtains.
5. The Council delayed in responding to Ms B because initially the complaint went to the wrong department. However, when it did address it, the Council confirmed that the lights had been moved due to a new design specification which meant they had to be spaced differently. It advised that at the present time it was not aware of any reason to move the post but it did offer to install a “crown of thorns” security device around the post to prevent anyone climbing on it.

Assessment

6. To date Ms B’s fears about the repositioning of the lamp post have not led to any anti-social incidents involving her or her property. While the Council did delay in responding to her complaint, it has now explained why the new posts had to be spaced apart differently and that it has seen no reason to move them.
7. It is open to Ms B to contact the Council to request the “crown of thorns” which it offered to install. If she takes the Council up on this offer but still suffers from anti-social behaviour related to the lamp post she can contact the Council with details of this.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because it is unlikely an investigation will lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman