Summary: We will not investigate this complaint as there is no evidence of fault in the way the Council has considered Mr X’s complaint about nuisance from a floodlight on a nearby property.

The complaint

1. Mr X complains the Council has failed to take action against a flood light from a nearby property which is causing a nuisance.
2. Mr X says the movement of trees and other wildlife between his property and the light cause a flickering and strobing effect inside his property and impact on the operation of his CCTV system.

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The Ombudsman’s role and powers

3. 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 or may decide not to continue with 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. The complainant had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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My assessment

7. The Council has offered to inspect the impact of the light on Mr X’s property but says it must attend during dark conditions in the evening when the alleged nuisance is occurring.
8. Mr X has not agreed to this and says the Council should view the light from the property it is attached to.
9. The Council must visit and inspect the nuisance from the property affected in order to investigate whether an exterior light is causing a nuisance. The Council cannot take any action unless it can demonstrate that the light is causing a nuisance to Mr X. Therefore, we should not investigate this complaint as there is no evidence of fault by the Council.

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Final decision

10. We will not investigate this complaint. This is because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman