Summary: We will not investigate Mr X’s complaint about the Council deciding not to fund works to move a lamppost from the front of his property. There is not enough evidence of fault by the Council in its decision process to warrant investigation. Even if there had been fault, Mr X’s claimed injustice from the lamppost’s location has not been caused by the Council.

The complaint

1. Mr X complains the Council is unfairly refusing to pay to move a lamppost from in front of his property. He says it is blocking his full vehicle access to the front of his property. He wants the Council to agree to move the lamppost without charging him for the works.

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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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating; or
• any fault has not caused injustice to the person who complained.

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

3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mr X, relevant online information, and the Ombudsman’s Assessment Code.

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My assessment

5. In response to Mr X’s request for it to move the lamppost at its expense and at no cost to him, the Council considered Mr X’s views and relevant evidence about the lamppost. Officers determined the lamp had always been in the same location, originally in front of a small lawn, so not in front of any original parking space. By the time Mr X bought the house in 2021, its lawn had been replaced with gravel for several years. But the lamppost had not been installed to impede any original parking provision. The Council’s adopted policy is that where moving a lamppost would have a wider benefit to residents and their properties, it may decide to fund the work. But where that work would only benefit the property of the person requesting it, the Council would require it to be paid for by the requester. The Council has determined moving the lamppost would only benefit Mr X, so has said it would only consider moving the lamppost if Mr X agreed to fund it.
6. There is not enough evidence of fault by the Council in its decision-making process here to warrant us investigating. We cannot go behind a council decision unless there is evidence of fault in the process it has followed which, but for that fault, would have resulted in a different decision. I recognise Mr X disagrees with the Council’s decision. But it is not fault for a council to properly make a decision with which someone disagrees.
7. In any event, even if there had been Council fault here, Mr X’s claimed injustice relating to the location of the lamppost has not been caused by the Council. Mr X bought his house with the lamppost in place, in the only location it has occupied. Viewing the property before his purchase in 2021 would have identified the lamppost’s position. Mr X decided to take on the obstruction and inconvenience caused by the lamppost when he decided to buy the house. If he considered he would need extra unimpeded off-street parking in front of his house, he could have bought a property which already had that facility, or one that did not have an obstruction making additional parking difficult.

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Final decision

8. We will not investigate Mr X’s complaint because:
• there is not enough evidence of fault by the Council in its decision-making process to warrant investigation; and
• even if there were such fault, Mr X took on the injustice caused by the lamppost when he bought the house, a circumstance not caused by the Council.

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Investigator's decision on behalf of the Ombudsman