Summary: Mr X complained about the Council siting a lighting column closer to his home then the previous one causing a loss of privacy. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Mr X, complains about the location of a street lighting column near his home. He says the lighting disturbs his privacy and that the light now illuminates his garden.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

3. I have considered all the information which Mr X submitted with his complaint and he has commented on the draft decision.

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What I found

4. The Council replaced the street lighting in Mr X’s area with new columns. He says the nearest column is nearer than the previous one and illuminates his and his neighbour’s gardens. He complained to the Council saying it should be relocated and that the adjacent street is an unadopted highway with no traffic.
5. The Council told Mr X that the columns were sited to provide the best illumination for the highway users and there is an adopted footway alongside the road. It will not consider re-siting the lighting columns.
6. 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.
7. Councils as highway authorities have powers to decide where street lights and other street furniture should be placed. Although Mr X may be unhappy with the location the Council intended to place the columns where they are and there is no evidence of fault in the procedure. Mr X has asked the Council to provide a deflector on the column to reduce the light in his home.

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Final decision

8. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman