Summary: We will not investigate this complaint about the Council moving a lamp post in 2015. This is because it is a late complaint. In addition, there is insufficient evidence of fault by the Council and insufficient evidence of injustice.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council moved a lamp post in 2015. The lamppost is now in between her home and the neighbour’s property. On her other boundary, on the path, there is a telecom pole. Ms X wants the Council to move the lamp post.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement.

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

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by Ms X and the Council. This includes the complaint replies and I looked at images of the lamp post on streetview. I considered our Assessment Code and invited Ms X to comment on a draft of this decision.

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My assessment

5. The Council moved a lamp post in 2015. It moved it from outside Ms X’s neighbour’s property to a position in between the two properties. Ms X’s neighbours paid for the relocation so they could build a dropped kerb.
6. Ms X complained to the Council in 2020. She said the Council did not consult her about moving the lamp post and it caused a parking obstruction outside her home.
7. In response the Council agreed it had not consulted her but said there was no requirement to do so. It explained it is for the Council to decide the best position for lamp posts and it tries to position them between properties. The Council said it would not move the lamp post. The Council signposted Ms X to us in August 2020. Ms X complained to us in July 2021.
8. I will not investigate this complaint for the following reasons.
9. This is a late complaint. The Council moved the lamp post in 2015 but Ms X did not complain to the Council until 2020 and then waited almost another year before complaining to us. I have not seen any good reason to investigate a complaint that is six years old.
10. There is insufficient evidence of fault by the Council. The Council can decide where to put lamp posts and is not required to seek the views of residents. In addition, it moved the post to its preferred position.
11. There is insufficient evidence of injustice. Ms X does not have a car or a dropped kerb so the lamp post does not cause her any parking problems. The relocated lamp post has no obvious impact on Ms X.

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Final decision

12. I will not start an investigation because this is a late complaint. In addition, there is insufficient evidence of fault by the Council and insufficient evidence of injustice.

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Investigator's decision on behalf of the Ombudsman