Devon County Council (19 020 836)
Category : Transport and highways > Street furniture and lighting
Decision : Upheld
Decision date : 02 Jul 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint about a delay in repairing a street light and poor complaint handling. This is because the Council has repaired the light and will contact the complainant to apologise.
The complaint
- The complainant, whom I refer to as Mr X, complains that the Council delayed responding to his report of a broken street light, did not keep him updated, and failed to respond to his complaint.
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 an investigation if the Council has agreed to provide a proportionate remedy. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I read the complaint and spoke to Mr X. I considered emails the Council sent to Mr X about his complaint and comments Mr X made in reply to a draft of this decision. I also spoke to a Council officer.
What I found
Street lights
- The Council aims to repair damaged and dangerous street lights within 24 hours, depending on the severity of the fault. It adds non-urgent repairs to its work programme.
What happened
- In late October Mr X reported a broken street light. The light was over a footbridge which provides a pedestrian route over a stream. The bridge can get slippery due to fallen leaves. The broken light meant the bridge was completely dark. Mr X regularly uses the bridge. He was also concerned that elderly people may slip.
- The Council registered the report but did not repair the light until early March. In the meantime Mr X chased the Council for updates and asked for call backs which were not fulfilled.
- Mr X made a complaint on 17 December. By late January, despite chasing, the Council had not replied so Mr X asked to escalate his complaint to the second stage. The Council acknowledged his stage 2 complaint on 3 February. By March Mr X had not received a reply and, on 25 March, the Council told him it had changed its procedure and was no longer doing stage 2 complaints. The Council told Mr X he could complain to the Ombudsman.
Assessment
- The Council did not handle either issue well. I do not know whether the light was dangerous but Mr X had explained the location and four months is a long time to fix a light, especially when the period of disrepair covered the winter when the light was most needed. However, as the Council has now repaired the light no further action is needed.
- The Council did not respond well to Mr X’s complaints. It did not reply to the stage 1 complaint and, despite registering a stage 2 complaint, it did not reply to that either. Mr X understandably feels frustrated by the poor customer service and lack of response.
- The Council has agreed to look into what went wrong and to apologise to Mr X. The Council will contact Mr X within two weeks of the date of this decision. This is a proportionate remedy for the complaint.
Final decision
- I will not start an investigation because the Council has agreed to apologise to Mr X and look into what went wrong.
Investigator's decision on behalf of the Ombudsman