The Ombudsman's final decision
Summary: We will not investigate this complaint about the relocation of a streetlight. We cannot achieve the outcome the complainant is seeking.
The complaint
Mrs X complains the Council moved a streetlight which is now a few inches in front of her property. She says this makes it more difficult to enter and exit her drive. Also, her neighbours now park closer to her property making access more difficult.
Mrs X wants the Council to move the streetlight back to the original position or remove it.
The Ombudsman’s role and powers
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 further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complains the Council changed the position of a streetlight without consultation. It is now positioned in front of her driveway which she says makes it more difficult to get on and off the drive.
The Council says the streetlights in the road were upgraded as part of a routine maintenance programme. The new columns are longer than the originals and there was concern there were utility services underground. Therefore, contractors moved the new light a few inches.
On contact from Mrs X, the Council wrote to neighbours to see if there were objections to moving the light. It says consensus was not achieved so the light was left in place. Mrs X says the neighbour has now withdrawn her objection so the light should be moved.
The Council confirms the cost to move the streetlight is prohibitive. It also confirms the light is only a few inches from original position and does not prevent access to her drive. It also says officers should not have advised Mrs X that moving the light was an option.
The light is placed on the highway. The Council has explained the reasons for the new location. The light does not block Mrs X’s access – it requires more manoeuvring. That the neighbours park closer to Mrs X’s property is a civil matter for Mrs X to resolve directly with her neighbours.
Final decision
We will not investigate Mrs X’s complaint because we cannot require the Council to move the streetlight, therefore we cannot achieve the outcome she is seeking.
Investigator's decision on behalf of the Ombudsman