Summary: Mrs X complained a streetlight in an alleyway next to her house shone too brightly into her garden, causing a loss of privacy. We found no fault by the Council and have concluded our investigation.

The complaint

1. Mrs X complained to the Council that a streetlight in an alleyway next to her house shines too brightly into her garden. She complained the Council did not listen to her complaint and did not assess the light from the viewpoint of her garden. Mrs X said the light causes a loss of privacy and impacts on her grandchild’s ability to sleep. She would like the Council to adjust the streetlight, so it does not shine directly into her garden.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I considered the information provided by Mrs X and the Council.
6. Mrs X and the Council have had the opportunity to comment on a draft of this decision. I have considered their comments before making a final decision.

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What I found

Street lighting

7. The street lighting for the Council is managed by a third-party private company, Company A. Company A carries out the renewal of most of the road lighting and illuminated traffic signs in the Council’s area when they became no longer economically or structurally maintainable. Company A also carries out ongoing maintenance of the streetlights.
8. The Council’s website says residents can report any issues regarding streetlights to it. This includes faulty streetlights, or when a streetlight is shining into a resident’s property and is causing a nuisance. The website says the easiest way for residents to report a lighting issue is to report it online; the website provides a link for this purpose.
9. The Council says that for issues relating to street lighting, it will contact Company A so it can inspect the lighting and carry out any necessary repairs.

What happened

10. This chronology includes key events in this case and does not cover everything that happened.
11. In December 2023, Mrs X reported an issue to the Council regarding a streetlight in an alleyway next to her house. She said the light shone directly into her garden, causing issues with sleeping and privacy. Mrs X said it was almost like daylight in her garden at all hours.
12. A few days later, Company A contacted Mrs X to say it would look into her concerns.
13. In early January 2024, Company A wrote to Mrs X. It said the streetlighting in the roads near Mrs X’s house had reached the end of their maintainable life and needed to be changed. Company A said for it to comply with design standards, (to increase road safety and reduce crime and the fear of crime), it needed to light the area to a minimum defined level. It said the standard of lighting was dependent on the road type and classification, and in the case of the streetlights near Mrs X’s house, the lighting levels provided were of the lowest standards available.
14. Mrs X responded a few days later and said she did not consider her complaint was resolved. She said if Company A had installed the streetlights during the daytime, it may not have been able to ensure it had positioned them correctly. Mrs X asked Company A to tilt the light, so it did not shine as brightly into her garden. She also said the streetlight at the front of her house was not as bright as the one in the alleyway, and asked Company A if it could change the type of lighting in the alleyway to match the light at the front of her house. Mrs X also invited Company A to view the light from her garden so it could see the impact to her.
15. Company A replied and said it had applied the lighting standards required for the specific type of highway to the design review of the road. It said the type of lighting installed was appropriate for the location and that it met the required relevant standards. Company A said the new streetlight was a different type to the one it replaced, and said it provided a cleaner, sharper white light. It said the measure of total amount of visible light from the new streetlight was lower than the one it replaced. Company A said the light at the front of Mrs X’s house formed part of a different design, whereby it was possible to reduce the brightness as part of the design process. It said an engineer had checked the installation of the streetlight in the alleyway and found that the lantern and angle of installation were correct and in accordance with design requirements. As a result, Company A said there was no justifiable reason to depart from the original design.
16. Mrs X reported the light from the streetlight to the Council again in late January 2024.
17. The Council provided its final response in March 2024. It said it had considered the findings of Company A’s investigation and had itself reviewed the position, height and lantern type of the streetlight next to Mrs X’s house. The Council said it had visited the site during the hours of darkness and had considered the proximity of the light to Mrs X’s property. The Council told Mrs X it did not uphold her complaint.
18. Mrs X remained dissatisfied with the Council’s response and brought her complaint to us.

Analysis

19. Mrs X complained the streetlight in the alleyway next to her house shines too brightly into her garden. She says the Council has not listened to her complaint and has not viewed the light from the viewpoint of her garden.
20. The Council’s records, and the information provided by Mrs X, show Mrs X reported her concerns about the light via the Council’s online reporting system. On receipt of Mrs X’s concerns, the Council contacted Company A so it could investigate.
21. Company A carried out a site visit and checked to see whether it had completed the installation of the streetlight correctly. The Council also carried out a site visit during the hours of darkness. It confirmed the streetlight is positioned to the side of Mrs X’s property, opposite the side of her house. The Council took photographs of the lighting and determined the light impacts only the garden area and does not intrude into the home.
22. The Council says it is not obligated to reduce the lighting on resident’s properties, and that its primary responsibility is to ensure adequate lighting of the highway. It says the current lighting effectively meets this requirement without causing significant disruption to Mrs X’s property.
23. Having reviewed the information provided, I consider the Council has followed the procedure set out on its website; it referred the matter to Company A, who investigated and found the light was installed correctly and met the required standards. The Council also investigated, determined the streetlight was placed in the correct location, and considered the light did not affect the inside of Mrs X’s property.
24. I acknowledge Mrs X says the light keeps her grandchild awake, and that it impacts the privacy in her garden. I also acknowledge Mrs X says the Council has not viewed the light from her garden. However, the Council has demonstrated it considered the impact of the light on the property and found the light does not shine directly into the house. This finding is supported by Mrs X’s complaint as she states the light is too bright in her garden but has not complained the light shines into the house. I acknowledge however, Mrs X says her garden is an extension of her home and is used in all weathers throughout the year.
25. Our role is not to ask whether we agree or disagree with an organisation; instead, we look at whether there was fault in how an organisation made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
26. In addition, the Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether a complainant disagrees with the decision the organisation made.
27. I have seen no evidence of fault in how the Council made its decision that it will not make alterations to the streetlight; it followed the correct process once the issue was reported, considered the findings of two separate site visits, and reviewed the installation of the light to ensure it was installed and positioned correctly.
28. As I have found no fault in the decision-making process, I cannot question whether the Council’s decision was right or wrong. I acknowledge Mrs X disagrees with the Council’s findings; however, this disagreement is not evidence of fault by the Council.

Conclusion

29. I have found no fault by the Council.

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Final decision

30. I have found no fault by the Council, and I have concluded my investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman