Cumberland Council (24 005 354)

Category : Transport and highways > Street furniture and lighting

Decision : Closed after initial enquiries

Decision date : 14 Aug 2024

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint about the Council refusing to remove street furniture outside his business. This is because there is not enough evidence of fault to justify an investigation.

The complaint

  1. Mr X complains the Council has refused to deal with his requests to move street furniture immediately outside the entrance to his business. Mr X says the street furniture blocks access to his business and attracts groups of people who smoke cigarettes. Mr X also says he is prevented from placing his own furniture outside.
  2. In addition, Mr X complains the town council has not helped him with this matter.

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The Ombudsman’s role and powers

  1. 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
  2. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as town councils which are not principal local authorities. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

  1. I considered information provided by Mr X and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. We will not investigate this complaint.
  2. The information does not indicate the Council was at fault for the way it responded to Mr X’s request to move the street furniture.
  3. The Council has told Mr X that the street furniture he complains about is owned and maintained by the town council. This has been confirmed by the town council. The Council is responsible for the highway outside Mr X’s business. But, I have not seen any information to suggest the town council wants to move the street furniture or has asked the Council for permission to do this.
  4. The Council has also provided Mr X with advice about reporting certain issues to the Police and how to apply for a pavement licence.
  5. So, there is not enough evidence of fault to justify an investigation into the Council’s handling of this matter.
  6. Also, we cannot investigate Mr X’s complaint about the actions of the town council. This is because town councils are not principal local authorities which we have the power to investigate.

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Final decision

  1. For the above reasons we will not investigate this complaint.

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Investigator's decision on behalf of the Ombudsman

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