Summary: We will not investigate this complaint about the location of a street light which impacts on Mr X’s property. This is because there is not enough evidence that any fault by the Council has caused the injustice Mr X claims.

The complaint

1. Mr X complains a street light has been installed too near to his house. Mrs X complains this causes light pollution into his home at night and obstructs the view from his window

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide any fault has not caused injustice to the person who complained (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I sent the complainant my draft decision on the complaint and have considered the comments he made in response before reaching this final decision.

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My assessment

6. Mr X complains a street light was installed around one metre from his window, after he had purchased his new build house. Mr X wants the street light to be removed.
7. The Council’s investigation report indicates the location of the street lights on the new housing development remained the same from the design stage.
8. The Council has installed a shield on the lamp which it considers has reduced the light shining into Mr X’s house to an acceptable degree. It says though that the position of the light in relation to Mr X’s property is not a unique scenario, with street lights being positioned closer to residential properties at other locations in the Council’s area.
9. As the proposed location of the street lights was already in place prior to when Mr X purchased his house, and so information that Mr X could have obtained before committing to buy, I do not consider that any Council fault can be said to have caused the injustice Mr X claims. For this reason, we will not investigate.

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Final decision

10. We will not investigate this complaint because any fault by the Council has not caused the injustice Mr X claims.

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Investigator's decision on behalf of the Ombudsman