Summary: We will not investigate this complaint about artificial light nuisance. Some of the complaint is late, and for the part we could consider there is not enough evidence of fault by the Council to justify us investigating.

The complaint

1. Mr X complained the Council has not robustly explored his complaint about artificial light nuisance from a neighbouring property.
2. Mr X said that complaints to the Council over the last few years have not resulted in lasting change. Mr X said that this is affecting his quality of life and enjoyment of his home.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a Council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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

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

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X’s initial complaint to the Council in late 2023, is now late and there are no good reasons to exercise discretion to investigate this. I have therefore considered the later complaint he made to the Council.
8. Under the Environmental Protection Act 1990 (EPA), councils have a duty to take reasonable steps to investigate potential ‘statutory nuisances’.
9. The law says that a potential nuisance must be judged on how it affects the average person. Councils cannot take action to stop something which is only a nuisance to the complainant.
10. The Council considered Mr X’s complaint, and determined the artificial light matter was not a statutory nuisance.
11. The Council responded to Mr X’s concerns. It also took informal action by contacting the person felt to be causing the nuisance.
12. We will not investigate this complaint. There is not enough evidence of fault in the Council’s decision that the artificial light is not a statutory nuisance.

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Final decision

13. We will not investigate Mr X’s complaint. Some of the complaint is late, and for the part we could consider there is not enough evidence of fault by the Council to justify us investigating.

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Investigator's decision on behalf of the Ombudsman