The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint regarding the position of a lamppost because there is insufficient evidence of fault in the Council’s decision-making to warrant an investigation. We will not investigate the Council’s complaint handling because the tests in our Assessment Code are not met.
The complaint
Ms X complained the Council: refused her request to move a lamppost from outside her home to another location; and failed to respond to her complaints through its complaints process.
Ms X said the matter caused her frustration, uncertainty and time and trouble to resolve.
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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Lamppost position We will not investigate this complaint. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong.
The Council considered Ms X’s request but decided it would not move the lamppost. There is insufficient evidence of fault in the way the Council considered the request and so we will not investigate this complaint.
Complaint handling It is not a good use of public resources to investigate complaints about complaint procedures if we decide not to investigate the substantive issue. Consequently, we will not investigate this complaint because the tests in our Assessment Code are not met.
Final decision
We will not investigate Ms X’s complaint because the tests in our Assessment Code are not met.
Investigator's decision on behalf of the Ombudsman