Worcestershire County Council (21 006 298)
Category : Environment and regulation > Pollution
Decision : Closed after initial enquiries
Decision date : 29 Sep 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision not to turn off a streetlight which is affecting Ms X’s sleep. This is because there is no evidence to suggest fault affected the Council’s decision.
The complaint
- The complainant, who I refer to as Ms X, says she is unhappy with the Council’s decision not to turn off the streetlight opposite her bedroom window at midnight so she can sleep undisturbed.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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))
How I considered this complaint
- I considered information provided by Ms X, including the Council’s response to her complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X complained to the Council about light shining into her bedroom window at night from a streetlight opposite her home and asked that it be turned off at midnight.
- The Council considered her request in line with its policy and while it agreed to reduce the wattage to the lowest possible setting, it told her that it would not install a front shield or turn the light off at midnight.
- While I understand the setting reduction has not resolved matters for Ms X, there is no evidence to suggest fault affected the Council’s decision not to turn the light off as Ms X had requested. We are not an appeal body and it is not our role to question decisions made by councils if they have followed the right steps and considered the relevant evidence and information.
Final decision
- We will not investigate Ms X’s complaint because there is no evidence to suggest fault affected the Council’s decision.
Investigator's decision on behalf of the Ombudsman