Summary: We will not investigate Mr X’s complaint about the Council damaging his property when it installed a streetlight nearby. This is because there is another body better placed to consider such matters and subsequently, we cannot achieve the outcome Mr X wants.

The complaint

1. Mr X complained the Council damaged his property when it decided to install a streetlight outside his property. The matter caused him frustration. He wants the Council to carry out the necessary repairs to his property.

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The Ombudsman’s role and powers

2. 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 another body better placed to consider this complaint, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. We cannot establish whether the Council was liable for the damage to Mr X’s property when it decided to install a streetlight outside his property. Such matters can only be established via the insurers or the courts. We note Mr X has already been pursuing the matter with the Council’s insurers. It would be reasonable for him to continue to do so or to go to the courts. Subsequently, we cannot achieve the outcome Mr X wants. Therefore, we will not investigate Mr X’s complaint.

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Final decision

6. We will not investigate Mr X’s complaint because there is another body better placed to consider such matters and subsequently, we cannot achieve the outcome he wants.

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Investigator's decision on behalf of the Ombudsman