Summary: We will not investigate this complaint about how the Council investigated Mr X’s complaint about light nuisance. That is because there is insufficient evidence of fault in the Council’s actions.

The complaint

1. Mr X complained about the Council’s decision that his neighbour’s internal landing light was not causing him a statutory nuisance. He said the Council did not complete a home visit to witness the impact of the light on his home. He said the light enters his bedroom and is causing a nuisance. He wants the Council to complete a home visit to witness the light nuisance.

Back to top

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 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))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X complained to the Council that light from his neighbour’s property entered his home and was causing difficulties with sleeping. He said he did not want to shut the bedroom door to block out the light for health reasons.
6. In the Council’s complaint response, it said it had considered Mr X’s complaint about light nuisance and the photographic evidence he provided. It said the evidence provided showed the light from the neighbour’s property did not impact on a habitable room but shone on Mr X’s hall and landing. It recognised Mr X wanted to keep his bedroom door open and that meant some light entered the bedroom but that was not a statutory nuisance.
7. The Council has explained that it had sufficient evidence to make a decision on Mr X’s light nuisance complaint without completing a home visit. It is the Council’s decision what evidence it needs to gather to assess whether something is a statutory nuisance. We will not investigate this complaint further as there is insufficient evidence of fault to warrant investigation.

Back to top

Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in how the Council made its decision to warrant further investigation.

Back to top

Investigator's decision on behalf of the Ombudsman