Summary: We will not investigate this complaint that the Council refused additional street lighting. This is because there is insufficient evidence of fault in how the Council dealt with the request.

The complaint

1. The complainant, who I will call Mrs X, complains that the Council failed to properly consider her request for additional street lighting near her home.

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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 there is not enough evidence of fault to justify investigating. (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.

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My assessment

5. Mrs X asked the Council to install additional street lighting to light the footpaths close to her home. Mrs X says her disability means there is a high risk she may fall, which has happened in the past, and street lighting would reduce that risk.
6. The Council refused Mrs X’s request. It said it has no budget to install additional lighting and if it did it would need to balance Mrs X’s request alongside the needs residents in other areas. It said there had been no traffic accidents resulting in injury on the street in the last six years and therefore the street did not meet the criteria for additional street lighting.
7. The Council sought legal advice about its duties to Mrs X under the Equalities Act and concluded that whilst it does owe a public sector equality duty to Mrs X, this did not mean it was required to change its policy on street lighting based solely on Mrs X’s request.
8. I will not investigate Mrs X’s complaint. This is because there is no evidence of fault in how the Council reached its decision. Councils as highway authorities have no statutory duty to provide street lighting. This is discretionary power which they may determine according to their own resources and assessments. The Council has demonstrated that it considered relevant information when reaching its decision and has clearly explained its reasoning for refusing Mrs X’s request. It also had regard for its public sector equality duty.
9. We may not question the merits of decisions which have been properly made. We do not comment on judgements councils make, unless they are affected by fault in the decision-making process.

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Final decision

10. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman