Summary: We will not investigate Mr X’s complaint about the Council not fixing or replacing two streetlights in his road and near his property for over 18 months. There is insufficient significant personal injustice caused to Mr X by the matter complained of to warrant us investigating. We also cannot achieve the outcome Mr X seeks from his complaint.

The complaint

1. Mr X complains the Council has failed to repair or replace two streetlights in the road where he lives and near his property for over 18 months. Mr X says people have to use torches to see their way at night in the unlit area. He says the area is extremely intimidating. Mr X wants the Council to replace the old broken lights with LED ones.

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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:

• any fault has not caused injustice to the person who complained; or
• any injustice is not significant enough to justify our involvement; or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information from Mr X, online maps and images of the location, and the Ombudsman’s Assessment Code.

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My assessment

4. In response to Mr X’s complaint, the Council said it is waiting for replacement parts for the lights. In its final response to Mr X, the Council advises the lights will be repaired when its operatives are in the area and when its resources allow.
5. It is unfortunate the Council has not fixed or replaced the two broken streetlights for over 18 months. The impact of the Council not doing this work is that the area near Mr X’s property is and has been darker at night than it otherwise would be. We recognise the two unlit streetlights may cause Mr X annoyance and inconvenience from having to use a torch to light his way when out there at night. But that is not a sufficiently significant injustice to him to justify us investigating this complaint. Any similar impacts on other residents or passers-by are not personal injustices to Mr X. We note he says the area as extremely intimidating. But Mr X does not mention any incidents being caused directly by the Council not mending the lights which might amount to a significant personal injustice warranting an investigation here.
6. We note Mr X says the lights not being fixed means he is paying council tax for a service he is not receiving. The money paid by Mr X or any other taxpayer to the Council to fund streetlighting would not be such a financial loss sufficient to amount to a significant personal injustice justifying an investigation. In any event, Council tax is a general tax paid by those required to do so. Councils are entitled to determine where their staffing and funds should be targeted. There is no duty on councils to spend their tax receipts, or other funds, on any particular service being requested by a council taxpayer.
7. Mr X wants the Council to replace the broken streetlights with new LED ones. We cannot order councils to do particular works. That we cannot achieve the outcome Mr X seeks from his complaint is a further reason why we will not investigate.

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Final decision

8. We will not investigate Mr X’s complaint because:
• there is insufficient significant personal injustice caused to him by the matter complained of to warrant us investigating; and
• we cannot achieve the outcome he seeks from his complaint.

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Investigator's decision on behalf of the Ombudsman