Summary: We will not investigate Mr X’s complaint about the Council’s refusal to move a lamppost. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complained about the position of a Council owned lamppost. Mr X said the lamppost is positioned in such a way that restricts access to his driveway.
2. Mr X said the matter caused him frustration. Mr X wants the Council to relocate the lamppost.

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The Ombudsman’s role and powers

3. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate Mr X’s complaint. In its complaint response the Council said the lamppost was reinstalled correctly on the public highway in 2016. It explained if Mr X wanted it to reposition the lamppost he could do so at his own expense.
7. There is insufficient evidence of fault to warrant our involvement. It is open to Mr X to pay to move the lamppost as offered by the Council.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman