Summary: We will not investigate this complaint about a device fitted to a lamppost near Mr X’s home. There is no worthwhile outcome we can achieve because only the courts can make a judgement on trespass and direct the Council to act.

The complaint

1. Mr X complained the Council allowed a device to be fitted to a lamppost on his property boundary. He said the device is a safety hazard and encroaches onto his property. He said the device had affected his wifi and mobile signal and caused him anxiety. He wanted the Council to apologise, instruct the contractor to remove or adjust the device so it no longer overhangs his property, resolve the interference with his home communications and audit the wider rollout of devices.

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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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), section 34(B))
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X complained the Council allowed a contractor to fit a wireless device to the lamppost outside his property.
7. Mr X said the location of the device amounted to trespass of airspace because it encroached over his property boundary.
8. In its complaint response, the Council told Mr X the device did not intrude onto private land. It said the device operated at a low power and complied with safety and regulatory standards.
9. We will not investigate this complaint. Mr X is making a complaint the device is trespassing on his airspace, and he wants the Council to move the device. We cannot make this determination, only a court can decide this and direct the Council to act. It would be reasonable to expect Mr X to use his court remedy, but in any case, we cannot achieve the outcome he wants.

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Final decision

10. We will not investigate Mr X’s complaint because there is no worthwhile outcome achievable by our investigation as only the courts can make a judgement on trespass.

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Investigator's decision on behalf of the Ombudsman