Summary: Mr X complained about the Council’s failure to provide additional street lighting and width improvements to a path near his home. We will not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained to the Council about a local path which he says is very narrow in places and has no street lighting making it difficult to negotiate in darkness months. He asked the Council to provide lighting and widen the path, but it told him it had no budget or requirement to do this.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. The complainant now has an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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My assessment

7. Mr X says a footway near his home which leads from a main road is very narrow in places and has no street lighting which makes it difficult in darker months. He asked the Council to consider providing lighting and widening the path to a more useable standard.
8. The Council told him it has no budget for providing additional lighting and its responsibility is only to maintain the existing lighting. It will not carry out any work to the path because it says the current maintenance requirement is being met.
9. Councils as highway authorities have no statutory duty to provide street lighting. This is discretionary power which they may determine according to their own resources and assessments.
10. We may not question the merits of decisions which have been properly made. We do not comment on judgements councils make, unless they are affected by fault in the decision-making process.

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Final decision

11. We should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman