Summary: The Ombudsman will not investigate this complaint about the positioning of a streetlamp. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains that the Council repositioned a streetlight outside his home, which is causing obstruction as he wishes to convert the front of his house to a driveway.

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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. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered Mr X’s complaint and his correspondence with the Council. I also considered the current and historic positioning of the streetlamp. I considered Mr X’s comments on a draft of my decision.

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What I found

4. The Council conducted upgrades to highway lighting within the borough between 2012 and 2014. This included changes to streetlights on Mr X’s road. The Council informed the residents of the road at the time of the changes it would be making.
5. Mr X bought the property from the previous residents in 2019. Mr X wishes to make changes to the front of his house to allow for a driveway.
6. Mr X complains that during the historical lighting changes, a streetlight was erected in front of what is now his house, and is obstructing the potential to develop the front of his house. Mr X also complains that the Council has given no reason for placing the streetlamp in its new position.
7. Mr X feels that there are other positions within the space where the streetlamp will be more viable and not restrict his property. Mr X would like the Council to move the streetlamp to one of these positions.
8. The Council has advised Mr X that the streetlight can be moved, but it will be at Mr X’s expense. It also advised that when the streetlight was replaced, it was done so within viable space and the previous residents were informed about it.

Assessment

9. The Council has provided appropriate advice to Mr X about moving the streetlight, but that it would be at a cost to him.
10. The original changes to the streetlight were made between 2012 and 2014. If there were issues with how the Council managed the changes at the time, it would have been reasonable to expect the previous residents to have complained. I cannot see evidence of fault by the Council in this regard.
11. Mr X knew about the positioning of the streetlight when he purchased the property in 2019. The maxim caveat emptor (buyer beware) applies to this situation and it would have been reasonable for Mr X to have made enquiries before he bought the house if he was unhappy.

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Final decision

12. I will not investigate this complaint. This is because I am unlikely to find evidence of fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman