London Borough of Enfield (21 008 729)

Category : Transport and highways > Street furniture and lighting

Decision : Closed after initial enquiries

Decision date : 23 Sep 2021

The Ombudsman's final decision:

Summary: We will not investigate Mrs B’s complaint that the Council disconnected the only lamppost on her road. This is because the information does not suggest the Council is responsible for the lamppost. So, there is not enough evidence of fault to justify an investigation.

The complaint

  1. The complainant, who I will refer to as Mrs B, complains that the Council disconnected the only working lamppost on her road. Mrs B says the Council did not tell residents about this and the road is now very dark, which has resulted in an increase in crime. Mrs B would like the Council to re-connect the lamppost.

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The Ombudsman’s role and powers

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

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How I considered this complaint

  1. I considered information provided by Mrs B including the Council’s response to her complaint. I considered information available online including the Council’s register of adopted roads.
  2. I considered the Ombudsman’s Assessment Code.
  3. I shared a draft version of this statement with Mrs B and have considered her comments in response.

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My assessment

  1. In response to Mrs B’s complaint, the Council said it is responsible for nearby lampposts on a public footpath and at the front end of the road where Mrs B lives. But, the Council said the section of road where the lamppost is located is not an adopted highway which the Council is responsible to maintain. The Council said this means it is not responsible for maintaining the lamppost. The Council also said its contractor has no records of having undertaken any maintenance to this lamppost.
  2. The Council’s comment that the lamppost is located on an unadopted section of the road is supported by the Council’s register of adopted roads.
  3. It is not clear who disconnected the lamppost. But, it is unlikely it was the Council because the information does not suggest the Council is responsible for maintaining the lamppost. So, there is not enough evidence of fault to justify an investigation.

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Final decision

  1. We will not investigate this complaint. This is because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman

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