Summary: We cannot investigate Mr X’s complaint that the Council failed to maintain street lighting outside his home. The road outside Mr X’s house was not adopted. Therefore, the Council is not responsible for the maintenance of the lighting.

The complaint

1. Mr X complained the Council failed to maintain the lighting on his street.
2. Mr X said the matter caused him frustration.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We cannot investigate this complaint. In the Council’s complaint response, it explained Mr X’s street was not adopted following its construction because of issues relating to compliance. The road was not adoptable as a result.
8. Because the road was not adopted by the Council, it is not responsible for the maintenance of the street lighting. The complaint therefore relates to an issue which is not an administrative function of the Council, and so we cannot investigate.

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Final decision

9. We cannot investigate Mr X’s complaint because the issue complained about is not an administrative function of the Council.

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Investigator's decision on behalf of the Ombudsman