Summary: The Ombudsman will not investigate this complaint about light intrusion from a streetlight. This is because it is a late complaint and because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, complains about light intrusion into her bedroom from a streetlight. She wants the Council to reduce the intensity of the light and, ideally, move the streetlight.

Back to top

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)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

Back to top

How I considered this complaint

4. I read the complaint and the Council’s responses. I looked at images of the streetlight on the computer (streetview). I invited Ms X to comment on a draft of this decision.

Back to top

What I found

Lighting guidance

5. Professional guidance says that the level of light intrusion should not exceed 2.0 lux.

What happened

6. The streetlight outside Ms X’s home used to be towards the front of the pavement. Computer images suggest it was moved nearer to the house in about 2014.
7. In 2018 the Council fitted new bulbs which emit a white light. Ms X contacted the Council to complain of light intrusion into her bedroom from the new light. The Council did a test and found the light exceeded 2.0 lux. It fitted a shield but another test showed the light was still too high. It then fitted a larger shield and a further test showed the light level was 1.8 lux.
8. Ms X continued to report that the light was too bright. In response the Council explained that the light had been installed in accordance with British Standards and the light level was within the accepted limits. It said the white light can appear brighter than the orange glow emitted by the old lights. The Council said it would not take any further action. The Council signposted Ms X to the Ombudsman in April 2018. Ms X complained to the Ombudsman in January 2020.

Assessment

9. I will not start an investigation for the following reasons.
10. This is a late complaint. The Council signposted Ms X to the Ombudsman in 2018 but she did not make the complaint until 2020. This is significantly longer than 12 months and I have not seen any good reason to accept such a late complaint.
11. I also will not start an investigation because there is insufficient evidence of fault. The Council acted appropriately by taking action until it was satisfied that the light level was less than 2.0 lux. It was not required to take further action once it had established that the light was 1.8 lux. As the light is already within the limits I would have no grounds to ask the Council to take further action.

Back to top

Final decision

12. I will not start an investigation because this is a late complaint and because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman