Summary: We will not investigate this complaint about a broadband cabinet placed on the path outside the complainant’s home. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains about a broadband cabinet that has been installed on the pavement outside his home. He says it causes an obstruction and was poorly installed.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence, code of practice and photographs of the cabinet. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

4. Mr X complained to the Council about a cabinet placed on the path outside his home. He said it looks terrible, is not well placed, and causes an obstruction. He also reported his hedge had been cut.
5. The Council explained the cabinet had been installed by a broadband provider. The Council said it had inspected the cabinet and the installation complies with the government code of practice. The Council said there were no issues with the visibility splay, the remaining width on the pavement, or with the condition of the path from the box to the edge of path. The Council said it had identified some problems at the rear of the box which it had asked the broadband provider to rectify. The Council said it appeared Mr X’s hedge had been trimmed to the boundary to allow for the installation and he should contact the firm if he had any issues with the hedge trimming. The Council explained it cannot ask the firm to move the cabinet because it is compliant with the code.
6. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council responded appropriately by checking the cabinet and confirming the firm had installed it in accordance with the code of practice. I have seen photographs and the cabinet is placed towards the rear of the path and does not cause any obvious obstruction. The cabinet is in a similar position on the path to many others that have been installed around the country.
7. The Council noted some problems towards the rear of the box which it asked the firm to rectify. The Council has subsequently re-inspected the path and established the firm has completed the repairs.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman