Summary: The Ombudsman will not investigate Mr X’s complaint about approved changes to the Council’s street lighting policy as the issue affects all or most of the people in its area. We cannot investigate Mr X’s complaint about the content of the primary school curriculum as the matter does not fall within our jurisdiction.

The complaint

1. The complainant, Mr X, complains about a report submitted to the Council’s cabinet which recommended a change to its street lighting policy/contract. He also complains about the Council’s handling of his complaint about the matter, and about part of the curriculum for primary school children.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
4. We cannot investigate complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)

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How I considered this complaint

5. I reviewed Mr X’s complaint, shared my draft decision with him and invited his comments.

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What I found

6. Mr X is concerned about the implications of changes to the Council’s street lighting policy which he says allows for 5G mobile phone masts to be attached to lighting columns. He says there is a lot of information which shows the hazards of radiation linked with 5G technology and claims the Council has fraudulently awarded contracts for its installation without properly considering its impact. He does not agree with the Council’s reasons for wanting to implement LED street lighting, which he refers to as “climate change fraud”.
7. Mr X complained to the Council but was not happy with its response. He is also concerned about the inclusion of relationship and sexual education classes in the primary school curriculum and claims this amounts to “child grooming”.
8. The Ombudsman cannot investigate this complaint. Policy decisions such as those relating to the Council’s street lighting policy affect all or most of the people in the Council’s area and the law does not allow us to investigate complaints such matters.
9. Similarly, we cannot investigate complaints about what happens in schools. This includes the inclusion of specific classes/lessons in the primary school curriculum and this part of Mr X’s complaint is therefore also not something we can investigate.
10. While Mr X is also unhappy about the way the Council has dealt with his complaint, the courts have said that where we cannot investigate a complaint about the main or underlying issue, we cannot normally investigate related issues either. (R (on the application of M) v Commissioner for Local Administration in England [2006] EWHC 2847 (Admin)). So, where the substance of a complaint is not subject to investigation, the Ombudsman does not investigate the Council’s handling of the issue in isolation.

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Final decision

11. The Ombudsman cannot investigate this complaint. This is because the law does not allow us to investigate complaints about matters which affect all or most of the people in the Council’s area or about the content of the primary school curriculum.

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Investigator's decision on behalf of the Ombudsman