Essex County Council (23 009 594)
Category : Transport and highways > Street furniture and lighting
Decision : Closed after initial enquiries
Decision date : 17 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about street lighting because there is not enough significant injustice to justify our involvement.
The complaint
- Mr y complained the Council has failed to repair streetlights on his local high street. He is concerned this is causing a safety hazard.
The Ombudsman’s role and powers
- We investigate 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 continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information Mr Y and the Council provided and the Ombudsman’s Assessment Code.
My assessment
- Mr Y complained to the Council in October 2022 about the lighting and then again about its failure to repair the lighting in August 2023. The Council explained it was in the process of replacing the streetlights throughout its area and that while it did not have a date for when the lights would be replaced, it did have plans to do this work.
- Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we normally only investigate a complaint where the complainant has suffered a serious loss, harm or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss of injustice is not a serious or significant matter.
- Mr Y says he is concerned for the safety of himself and other using the pavement and road without lighting. This is not what we consider a serious loss or harm. Consequently, we will not investigate.
Final decision
- We will not investigate Mr Y’s complaint because there is not enough significant injustice to justify our involvement.
Investigator's decision on behalf of the Ombudsman