North Somerset Council (21 003 546)
Category : Transport and highways > Street furniture and lighting
Decision : Closed after initial enquiries
Decision date : 16 Aug 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to place a new lamppost outside the complainant’s property. This is because it is unlikely we will find the Council to be at fault.
The complaint
- The complainant, who I will call Mrs A, complains that the Council has put a new lamppost outside her property. Mrs A believes the Council should have placed this on the site of the old lamppost, outside her neighbour’s property.
- Mrs A says she is a poor sleeper and the placement of the lamppost is likely to make this worse.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by Mrs A and the Council. I also considered our Assessment Code and Mrs A’s response to a draft decision.
My assessment
- The Council has confirmed new lampposts have been placed at distances to improve the consistency of lighting levels on the road. It has said this has been done in line with the current British Standard for Road Lighting.
- The Council installed light shields to prevent any light spill to Mrs A’s property. It also agreed to attend Mrs A’s property to measure light levels if she experienced issues once the lights were activated.
- Although Mrs A is unhappy with the Council’s decision to place a lamppost outside her property, the Council has acted in line with current standards. Therefore, it is unlikely I could find fault. If Mrs A is unhappy now the light has been activated, she should contact the Council as it has said there are further mitigation measures which could be put in place.
Final decision
- I will not investigate this complaint. This is because it is unlikely I would find fault by the Council.
Investigator's decision on behalf of the Ombudsman