Summary: We will not investigate this complaint about the Council’s decision not to move a streetlight. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complained to the Council that a streetlight on the public highway blocks half of his drive. Mr X wants the Council to move the streetlight.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council says the streetlight has been there since 2004. The Council says the streetlight does not block the dropped kerb which only extends across half of Mr X’s driveway. The Council says there is therefore no justification for moving the streetlight. The Council has explained to Mr X he can apply for his dropped kerb to be extended and for the streetlight to be moved. But Mr X would need to fund the works.
6. I understand Mr X is unhappy with the location of the streetlight. But the Council has explained its position to Mr X and there is not enough evidence of fault by the Council to warrant us investigating.

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Final decision

7. We will not investigate this complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman