Summary: We will not investigate this complaint about the Council’s decision not to give the complainant a council tax reduction. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, wants a council tax reduction because his street lights are turned off from midnight to 4am. The street lights are managed by the County Council and Mr X pays his council tax to the Borough Council.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and information about the part night lighting. I also considered the Ombudsman’s Assessment Code.

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My assessment

4. In 2018 the County Council decided to turn off the street lights in most residential areas from midnight to 4am. The part lighting started in April 2019. Mr X disagrees with the decision to turn off the lights. He complained to the County and asked for a council tax reduction. The County signposted Mr X to the Borough because he pays his council tax to the Borough.
5. Mr X asked the Borough Council for a reduction. The Council declined to give Mr X a refund. It explained the council tax funds all services and he is not entitled to a refund or reduction. It suggested he complain to the County.
6. Mr X wants a council tax reduction or for the lights to be left on all night.
7. I will not investigate this complaint because there is insufficient evidence of fault by the Council. Council tax funds all services and refunds are not possible if there is an issue with one service. The Council did not make the decision about the lights and has no power to reverse the decision made by the County. In addition, it is unlikely a refund could be issued given that the part lighting is agreed County Council policy so does not represent a service failure or fault.

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Final decision

8. I will not investigate this complaint because there is insufficient evidence of fault by the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman