Calderdale Metropolitan Borough Council (20 004 772)

Category : Transport and highways > Street furniture and lighting

Decision : Closed after initial enquiries

Decision date : 04 Nov 2020

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s refusal to provide a shield on a streetlight. This is because it is unlikely we would find fault.

The complaint

  1. Mrs Y complains the Council has refused to fit a light shield onto a streetlight outside her home after the old bulb was replaced with a new LED bulb.
  2. Mrs Y says the new light is significantly brighter and means she is unable to sleep in the front bedroom of her home and cannot comfortably sit in her living room when it is on.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  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.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. I considered the information Mrs Y and the Council provided and spoke to Mrs Y about her complaint. Mrs Y 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

  1. The Council replaced the bulb inside the streetlight outside Mrs Y’s home for a new LED bulb in July 2020. Mrs Y complained the light was significantly brighter than it had been previously, especially as it was a white LED light. She asked the Council to fit a light deflector or shield onto the streetlight to prevent the light from shining into her home.
  2. The Council considered Mrs Y’s complaint about the brightness of the light. It carried out calculations of the brightness of the streetlight before and after the bulb had changed. Its calculations showed the new LED bulb was less bright than the previous bulb. Consequently, it said it would not add a shield onto the streetlight.
  3. Mrs Y’s local councillor then asked for the request to be considered further after receiving a complaint from Mrs Y. The Council checked its previous evaluations on the brightness of the streetlight and again found that the new LED bulb omitted less light than the previous bulb. It provided its calculations and analysis to the councillor with its response, which confirmed it would not fit a shield to the streetlight in August 2020. It also referred Mrs Y to the Ombudsman.
  4. As the Council properly considered Mrs Y’s complaint about the new bulb, it is unlikely the Ombudsman would find fault in this complaint.

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Final decision

  1. We will not investigate this complaint. This is because it is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman

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