Summary: Mr B complains about the Council’s decision to introduce part-night lighting in his area. The Ombudsman will not investigate the complaint because there is no evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Mr B, complains that the Council’s decision to introduce part-night lighting in his area will encourage criminals to carry out burglaries under the cover of dark.

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The Ombudsman’s role and powers

2. 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)
3. 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
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, 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

4. In considering the complaint I reviewed Mr B’s complaint and the Council’s response to it. I gave Mr B the opportunity to comment on my draft decision and considered the comments he made.

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What I found

5. Mr B complained to the Council that its decision to introduce part-night lighting in his area will encourage criminals to carry out burglaries during the time the lights are off. He asked that they be kept on.
6. The Council responded by explaining the budgetary constraints it has to work under and the reasoning behind its policy decision to introduce part-night schemes. It explained it had consulted widely before making its decision and that the decision has had wide public support in relation to other means of meeting the funding deficit it faces. It confirmed it would continue to work with the police and if they raise any concerns in the future it would review the current arrangement.

Assessment

7. It is not the role of the Ombudsman to review the merits of decisions properly taken by local authorities, no matter how strongly complainants may disagree with them, and there is no evidence of fault in the way the Council came to its decision.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman