Sheffield City Council (22 002 024)
Category : Transport and highways > Street furniture and lighting
Decision : Closed after initial enquiries
Decision date : 08 Jun 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision not to fit a shield to a street light. This is because there is insufficient evidence of fault by the Council.
The complaint
- The complainant, whom I refer to as Mrs X, complains the Council will not fit a shield to a street light. She says the light intrusion is affecting her sleep and mental health. Mrs X wants the Council to fit a shield.
The Ombudsman’s role and powers
- 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by Mrs X and the Council. This includes the complaint correspondence and the light tests. I also considered our Assessment Code.
My assessment
- Mrs X complained to the Council about light intrusion into her bedroom from a street light outside her home. The Council tested the light at the property wall and found light levels of 1.95 lux and 2.14 lux.
- The Council said it does not fit shields on request but only when the light level exceeds 10 lux. It explained that the lights are installed to ensure safety on the highway and are based on the type of road, traffic flow and local conditions. The Council said it will not fit a shield because the light level is less than 10 lux.
- Mrs X disagrees with the Council’s decision. She questions where on the wall the reading was taken and says that fitting a shield would not affect road safety.
- We will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council responded appropriately by doing two light tests and explaining why it will not fit a shield. The light level is considerably less than the permitted maximum so taking a reading at a different position on the wall would not affect the outcome. We do not act as an appeal body and cannot intervene simply because someone disagrees with a council decision. There is no suggestion of fault in the way the Council has responded which means there is no reason to start an investigation.
Final decision
- We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman