Summary: We will not investigate Mr X’s complaint about the Council’s decision to install a control box on the street lamp outside his property. There is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complains the Council installed a control box to the street lamp outside his property without prior notice or consultation. He also complains about the Council’s complaint handling.

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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 not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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. The Council told Mr X it did not have the resource to write to residents before installing new highway equipment. It explained why it made use of his street lamp and why no other was suitable.
7. The Council was under no obligation to give notice or consult with Mr X. And it provided detailed responses to explain its decision making. I appreciate Mr X is unhappy but there is not enough evidence of fault in the Council’s decision making, so I cannot question the merits of its decision. Therefore, I will not investigate Mr X’s complaint.
8. It would not be a good use of public money to investigate matters related to the Council’s complaint handling in isolation.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman