London Borough of Hillingdon (21 000 209)
Category : Housing > Managing council tenancies
Decision : Closed after initial enquiries
Decision date : 24 May 2021
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about lights the complainant says are shining into his bedroom. This is because the lights were installed by the Council’s housing service and we have no power to investigate a council when it is acting as a landlord.
The complaint
- The complainant, whom I refer to as Mr X, complains that new lights are shining into his bedroom and affecting his wellbeing.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
How I considered this complaint
- I read the complaint and the Council’s responses. I spoke to Mr X after he received a draft of this decision.
What I found
What happened
- Mr X is a Council tenant. The Council’s housing service upgraded the lighting system to a low energy/low cost system. Mr X complained that the new lights were shining directly into his bedroom. The Council visited and reduced the light level to the lowest permitted under the rules for paths and building exits. The Council said the light is now no brighter than moonlight. It said it cannot reduce the level further as it has a duty to ensure there is appropriate lighting that complies with the regulations and meets the needs of tenants.
- Mr X is dissatisfied with the Council’s response.
Assessment
- The law says we cannot investigate a council when it is acting as a landlord. The Council was providing a service, as a landlord, when it decided to upgrade the lights and in the action it has taken to reduce the impact of the new lights on Mr X. I have no power to start an investigation because Mr X is complaining about the Council’s actions as a landlord.
Final decision
- I cannot start an investigation because I have no power to investigate a council when it is carrying out housing management functions and acting as a landlord.
Investigator's decision on behalf of the Ombudsman