Summary: There is no fault in the Council’s decision not to move a lamp post. The Council’s has considered it but decided there is no reason to move it, as there was previously a lamp post there.

The complaint

1. The complainant, who I shall refer to as Mr B, complains the Council’s contractors put a lamp post outside his flat. He says the light shines into his bedroom and disturbs his sleep.

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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. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I read the papers put in by Mr B.
5. I considered the Council’s comments about the complaint and any supporting documents it provided.
6. Mr B and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

7. Mr B complained to the Council that its contractor had placed a new lamp post outside his flat. He asked whether it could be put on the other side of the road, where it would not be directly next to any houses or flats.
8. The Council referred the matter to its contractor. The contractor said that it had placed the lamp post there as there had previously been a lamp post in that location. This lamp post had been removed a few years ago, before Mr B’s flats were built.
9. Mr B made a further complaint, as he did not agree with the contractor’s response.
10. The Council made a final response to his complaint. The Council said that the new street light complied with the Council’s specification for the works and it did not intend to relocate it.
11. Mr B complained to the Ombudsman. He complains the Council has not assessed the impact of the light on his property and wants the Council to move the lamp. I can see that Mr B sent a large number of photographs to the Council and it is clear from the Council’s letters that it acknowledges the personal impact the light has on him. However, I have looked at government guidance online and this explains that light from street lights is not considered under statutory nuisance laws.
12. I have sympathy with Mr B’s concerns and understand why he wants the lamp moved. However, I can find no fault with the Council. The Council’s contractors placed the street lamp in a location where there has been a lamp previously. It has responded to Mr B’s complaint, considered the photographs he sent and reached a decision not to move the lamp. While I appreciate Mr B wants the lamp moved it would be likely to have a large financial cost. Power cables would already be under the pavement from the old lamp whereas completely new ones would be needed on the other side of the road. Moving the lamp on the same side of the road may solve the problem for Mr B, but given the large number of flat windows it would create a similar problem for another resident. So, while I appreciate Mr B disagrees with the Council’s decision I cannot say it has failed to consider his view, it just has just reached a different decision that the one he would like.
13. Mr B says he was not aware there was a street lamp in that location before. I have looked at google maps and can see that there was a street lamp there until 2016. It may not have been exactly the same design or precise location but I am satisfied that there is evidence to show the Council’s contractors statement that there had been a lamp previously is correct.
14. Mr B also complains the Council did not tell him a street lamp was to be put there, as it was not there when he bought the flat. I cannot see there would be any mechanism for the Council to have made Mr B aware there had been a street lamp there previously prior to him buying the property. Similarly, there is no legal requirement for the Council to tell him it was reinstating the street lamp to its previous location. So, I can find no fault on this point.

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Final decision

15. I have completed my investigation. This complaint is not upheld as I have found no fault by the Council.

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Investigator's decision on behalf of the Ombudsman