Essex County Council (21 008 267)
Category : Transport and highways > Street furniture and lighting
Decision : Closed after initial enquiries
Decision date : 09 Dec 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about street lighting. This is because there is not significant enough injustice to warrant our investigation.
The complaint
- Mrs Y complains the Council has failed to repair a faulty streetlight for over a year. She says she is concerned for the safety of the disabled and elderly if they walk in the dark at the end of her road.
The Ombudsman’s role and powers
- 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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs Y contacted the Council in October 2020 about a streetlight which was not working. Mrs Y has chased the Council several times about the streetlight. In March 2021, the Council explained it had attended to fix the light but could not safely access the part of the light needed to repair it. It said it would not be able to repair the light immediately as a result and would repair or replace the light when the street lighting team was next in the area. The Council gave a similar response in May.
- In September, the Council explained it had been having problems being able to repair the streetlight safely but hoped to do this shortly. Mrs Y then asked us to investigate in November.
Analysis
- 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 any injustice is not significant enough to justify our involvement.
- While Mrs Y may have reported the issue several times and is concerned for the safety of others, this is not significant enough of an injustice to justify our investigation into this complaint. Consequently, we will not investigate this complaint.
Final decision
- We will not investigate Mrs Y’s complaint because there is not significant enough injustice to warrant our investigation.
Investigator's decision on behalf of the Ombudsman