The Ombudsman's final decision
Summary: We will not investigate this complaint about street lamp placement. This is because any fault has not caused injustice to the person who has complained.
The complaint
Mr Y complains the Council has placed a lamppost in the middle of a pavement, which would make it difficult for two wheelchair users to pass one another easily.
Mr Y is concerned the placement of the lamp post is causing a safety hazard with young children stepping onto the road in order to pass it.
The Ombudsman’s role and powers
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 or may decide not to continue with an investigation if we decide any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
Mr Y complained to the Council in March 2022. The Council responded in April, explaining that the lamp post was positioned to protect the sign on the lamp post from being hit by vehicles, and therefore a specific distance from the edge of the kerb. It said consequently it would not move the lamp post and it was satisfied that the footpath was wide enough for wheelchair users and the generally suitable for the public to use safely. Mr Y then approached us.
Analysis Mr Y has told us his injustice is his concern for the safety of others, particularly children, using the pavement and the convenience for wheelchair users. We must consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. Where there is no injustice caused to the person who complained or any injustice is not significant enough to justify our involvement, we may decide not to investigate.
In this case, Mr Y has not suffered an injustice personally and the injustice he has referred to in his complaint to us is not significant enough to justify investigating his complaint. Consequently, we will not investigate.
Final decision
We will not investigate Mr Y’s complaint because any fault has not caused injustice to Mr Y.
Investigator's decision on behalf of the Ombudsman