Summary: Mrs X complained about new LED streetlighting which she says is intrusive in her home and garden. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of any fault by the Council which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Mrs X, complains about the Council’s installation of new LED lighting in her area. She says the lights are much brighter than the previous sodium lighting and cause excessive brightness in her home and garden which affects her sleep.

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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.

(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 Mrs X submitted with her complaint and she has commented on the draft decision.

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What I found

4. Mrs X says new LED lighting has affected her home because it is brighter than the previous sodium lighting. She says the new columns make her garden and home brightly illuminated and this has affected her sleep. She complained to the Council and it asked its contractor to investigate. The contractor offered to lower the height of the column by 0.5m but she says this will not reduce the brightness.
5. The Council is the highway authority and it says the lighting is an improvement for highway users and helps with public safety in the area. The lighting conforms to British Standards and it is committed to replacing older less energy efficient lighting.
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. The Council installs highway lighting for the benefit of public highway users, and it is not responsible for any illumination of property adjacent to the highway.

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Final decision

7. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of any fault by the Council 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