The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to allow Mr X to install an electrical supply underneath its footpath. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is unlikely we would find fault in the Council’s actions and in any case, we cannot achieve the outcome Mr X is seeking.
The complaint
Mr X was unhappy the Council would not agree to him arranging the installation of an electrical supply underneath its footpath. The Council said this could only be carried out by a utility company and referred him to speak to his electricity provider. Mr X said the Council were being unreasonable and wants it to agree to his request.
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 there is not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint because given the Council’s explanation for its refusal, it is unlikely we would find any fault even if we were to investigate. And, in any case, we could not instruct the Council to agree to his request and therefore cannot achieve the outcome Mr X is seeking.
Investigator's decision on behalf of the Ombudsman