Summary: We will not investigate this complaint about light pollution as there is no evidence of fault by the Council.

The complaint

1. Mr X says that a neighbour’s light is intrusive and a nuisance but the Council will not take action against it.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mr X says that he has complained to the Council several times about his neighbour’s security light which he says is intrusive and is a nuisance.
6. The Council says that there have been two visits by Environmental Health officers to assess the nuisance. It says the first resulted in an improvement but a further visit was made when Mr X remained unhappy.
7. The Council considers that the light is not sufficient to be considered a nuisance and so no legal action can be taken against the neighbour.
8. Under the Environmental Protection Act 1990 (EPA), councils have a duty to take reasonable steps to investigate potential ‘statutory nuisances’. Typical things which may be a statutory nuisance which can include artificial light from premises.
9. For the issue to count as a statutory nuisance, it must: unreasonably and substantially interfere with the use or enjoyment of a home or other premises; and / or injure health or be likely to injure health.
10. I am satisfied that the Council carried out a sufficient investigation of the complaint to enable the Council to decide whether a nuisance existed. Mr X's dissatisfaction lies with the merits of the Council's decision but, in the absence of fault, the Ombudsman cannot criticise the Council's decision.

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Investigator's decision on behalf of the Ombudsman