Leeds City Council (20 008 221)
Category : Environment and regulation > Other
Decision : Closed after initial enquiries
Decision date : 05 Jan 2021
The Ombudsman's final decision:
Summary: We will not investigate Mr B’s complaint about a laser display in the Council’s area. This is because we cannot achieve the outcome Mr B wants.
The complaint
- The complainant, Mr B, complained about a laser display in the Council’s area which took place during 2020.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:
- it is unlikely we would find fault, or
- the fault has not caused injustice to the person who complained, or
- the injustice is not significant enough to justify our involvement, or
- we cannot achieve the outcome someone wants, or
- there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered the information Mr B provided and his comments on my draft decision.
What I found
- Mr B told us he understands the display was visible over an area of ten miles. He said it was not confined to a small area but was an active source of light pollution. Mr B said it is not acceptable that municipalities and corporate interests should be allowed to desecrate the night sky. He believes other areas in Europe have banned such displays and the same should apply in this country. To put things right Mr B wants to see the introduction of legislation to prohibit deliberate attempts to pollute the night sky with lasers, sky beams, and other sources of light used in art displays.
- Our role is to consider complaints about injustice caused by administrative fault by a council. The laser display Mr B complained about did not take place in the area where he is currently living. It does not appear he has suffered significant enough injustice to justify our involvement. But, in any case, Mr B is seeking a change in the law. That is something that is for parliament to consider and not something we could achieve for Mr B by investigating his complaint.
Final decision
- We will not investigate this complaint. This is because we cannot achieve the outcome Mr B wants.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman