Birmingham City Council (21 015 271)
Category : Transport and highways > Street furniture and lighting
Decision : Closed after initial enquiries
Decision date : 16 Feb 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about some streetlights not working properly. The evidence suggests the Council is not responsible for those lights.
The complaint
- Mr X complains the Council has not repaired streetlights outside his house that are switching off shortly after they come on. Mr X says this makes it difficult to reverse his car when it is dark, he feels uncomfortable outside in darkness, he feels stressed, the situation affects his marriage, and his neighbour is worried.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant, copy complaint correspondence from the Council and online maps and photographs.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says the problem is with three streetlights outside his and his neighbour’s houses. The section of road where Mr X and the neighbour live is a private road. The Council is not responsible for that section of the road or for maintaining any streetlights there. Therefore the Council is not at fault for the street lights not working properly.
Final decision
- We will not investigate Mr X’s complaint because the evidence suggests the Council is not at fault.
Investigator's decision on behalf of the Ombudsman