Summary: We will not investigate this complaint about light pollution. This is because there is not enough evidence of fault to justify our investigation.

The complaint

1. Mrs Y complains the Council failed to properly investigate her complaint about light pollution.
2. Mrs Y says she feels the Council let her down and caused her distress and inconvenience.

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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 the information Mrs Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. Mrs Y complained to the Council about light pollution from her neighbour’s property caused by string lighting between November 2020 and January 2021.
6. The Council carried out an initial visit to inspect the lights at the start of December 2020. However, the officer visited the incorrect property, which was two doors away from the property Mrs Y complained about. The Council provided the pictures it had taken of the property to Mrs Y, who told them about the mistake. The Council therefore carried out a second inspection to the correct property a few days later.
7. Following its inspection and having considered photographs Mrs Y had provided, the Council found that the lighting was not causing a statutory nuisance. It explained this to Mrs Y and said it would not investigate the issue further. Mrs Y was unhappy with this and complained to the Council in July 2021.
8. The Council responded to Mrs Y’s complaint a week later. It said it had acted to correct the original inspection’s error and revisited the property. It also said it had considered the issue based on the second inspection but found no statutory nuisance and would therefore take no further action. Mrs Y then contacted us.

Analysis

9. The Council considered Mrs Y’s complaint about light pollution promptly and carried out a site visit. Although it initially considered the incorrect property, it carried out a second visit to correct the error. It then considered the outcome of the site visit as well as photographs provided by Mrs Y before forming its conclusion that there was no statutory nuisance. Consequently, it took no further action.
10. As the Council properly considered Mrs Y’s complaint about her neighbour’s lights and whether the lights were causing a statutory nuisance, there is not enough evidence of fault to justify our investigation. Consequently, we will not investigate.

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Final decision

11. We will not investigate Mrs Y’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman