Summary: We will not investigate this complaint about moving a streetlight because there is insufficient evidence of fault by the Council. In addition, I have no power to investigate Housing Associations or private individuals.

The complaint

1. The complainant, whom I refer to as Mrs X, complains she paid for the Council to move a streetlight but it is still difficult for her to get out of her drive. She says the Council failed to manage the project. She wants an apology and a refund.

Back to top

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. (Local Government Act 1974, section 24A(6))
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of Housing Associations or private individuals. (Local Government Act 1974, sections 25 and 34A, as amended)

Back to top

How I considered this complaint

4. I considered information provided by Mrs X and the Council. This includes the complaint correspondence and photographs of the streetlight. I considered our Assessment Code and comments Mrs X made in reply to a draft of this decision.

Back to top

My assessment

5. Mrs X asked the Council to move a streetlight because it made it hard for her to get in and out of her drive.
6. The Council moved the light after getting permission to place the light on Housing Association land. The Council moved the light from one area of grass verge to another area of verge. Mrs X paid for the relocation.
7. Mrs X complained to the Council because a Housing Association tenant had placed stones where the light had originally stood. Mrs X says this means it is still hard for her to access her drive and she has not benefitted from the relocation.
8. In response the Council said it had carried out her request to move the light and it cannot control what happens to the land because it is under Housing Association control.
9. Mrs X complained to the Housing Association. The Housing Association explained a tenant had placed the stones within the property boundary so, while it would speak to the tenant, there was no action it could take.
10. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council did what Mrs X asked it to do and the only contact needed with the Housing Association was to get permission to place the light in the new position. Even if the Council had carried out further liaison with the Housing Association, as Mrs X suggests should have happened, it could not have known the tenant would place stones on the verge where the light originally stood. This was a simple request to move a light and there is nothing more I would have expected the Council to do.
11. Mrs X says the Council initially identified the wrong streetlight. But, there is no suggestion the Council moved the wrong light so this does not need an investigation. Mrs X also says the Council failed to tarmac the area and says this would have prevented the tenant from placing the stones. However, the quote did not say the Council would tarmac the area. In addition, the original area belongs to the Housing Association and, while the Council initially thought it was highway land, if the Council knew at the outset it was Housing Association land then it would still only have needed to get consent to move the light to the new position.
12. I appreciate the stones on the verge cause problems for Mrs X but these flow from the actions of a private individual who is a Housing Association tenant. I cannot investigate private individuals or Housing Associations.

Back to top

Final decision

13. I will not investigate this complaint because there is insufficient evidence of fault by the Council and I cannot investigate Housing Associations or private individuals.

Back to top

Investigator's decision on behalf of the Ombudsman