Summary: The Ombudsman will not investigate this complaint about part-night street lighting. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains about the part-night streetlighting. He says it has led to an increase in antisocial behaviour (ASB).

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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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I asked the Council if there had been increased reports of ASB and I considered comments Mr X made in reply to a draft of this decision.

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What I found

What happened

4. In April 2019 the Council changed the switch off time for the street lights from 12pm to 11.30pm. The lights come again at 6am. Lights that are taller than six meters, which are mainly the lights on main routes, stay on all night. The lights also stay on in areas where people congregate.
5. Mr X complained to the Council and said the change would lead to an increase in ASB. In response the Council explained the change will save a lot of energy. It said that the lights are individually controlled and can be switched on if necessary. It explained that 17000 lights are not turned off and stay on in key areas. It also explained that the police were consulted and can ask for the lights to be turned on. The Council explained that national studies had shown that part-night lighting can lead to a reduction in crime.

Assessment

6. I will not start an investigation because there is insufficient evidence of fault by the Council.
7. It is for the Council, not the Ombudsman, to decide how it will operate its streetlights. The Council decided to switch the lights off 30 minutes earlier having first agreed a safety protocol with the police and having already decided that lights in key areas will not be turned off. I asked the Council if there has been an increase in ASB. The Council told me there has not been an increase in the police making requests for lights to be left on due to ASB. Mr X disagrees because he had eggs thrown at him. This is unfortunate but does not prove an increase in ASB. Mr X may have been a victim of ASB even if the switch-off time had not changed. Mr X also says that the police urge people to park their cars in well lit areas. However, the Council consulted the police about the change and the police can ask for the lights to be left on if they think it is necessary.
8. The Ombudsman does not act as an appeal body and cannot intervene simply because a council makes a decision that someone disagrees with. Mr X would need to lobby his local councillors for a change in the policy if he thinks it is wrong or should be altered.

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Final decision

9. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman