Summary: We do not uphold Miss X’s complaint about the Council’s installation of an LED light bulb in a streetlight outside her home and management of her complaint. The issue is now resolved, and no further action is required.

The complaint

1. Miss X complains the Council:
• Installed a bright LED light bulb in the streetlight across the road from her;
• Expected her to pay for any shield to be fitted to the light;
• Failed to understand the issue she raised.

2. Miss X says the light from the LED bulb has caused her to have sleep problems which impacted her health.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. Ms X told us she first complained to the Council about this issue in 2019. This complaint is late, so I have not investigated this as there are no good reasons for her delay. However, I have investigated complaint issues from 2022 onwards as these are within our time limits.
5. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
6. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

7. I discussed her complaint with Miss X, made enquiries with the Council and considered the information it provided.
8. Miss X and the Council had an opportunity to comment on my draft decision. I have considered any comments received before reaching a final decision.

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What I found

9. Councils are expected to meet relevant standards when installing new street lighting. British Standard (BS) 5489 is the Code of Practice for road lighting.

What happened

10. In its stage 1 complaint response, the Council explained:
• Its policy was for customers to wait three months after the installation of a new LED light to become accustomed to it. If it still poses a problem the Council will investigate and consider altering the angle or dimming it or putting in a shield. If any complaint is made after six months of installation, the Council may adjust the light at no cost, but it would expect a complainant to pay for a shield.
• It had no record of a complaint from Miss X in 2019. Miss X had therefore approached it more than two years after the LED bulb had been installed.
• It had dimmed the light to the minimum setting and adjusted the light angle to five degrees. But would also adjust the angle further to zero degrees.
• If Miss X wanted a shield after the further adjustment, she would need to pay.
11. Miss X told me she informed the Council installing a light shield would not resolve the problem because she lived in a bungalow. She said the Council had failed to understand this point.
12. However, the Council records show it considered the location of Miss X’s ground floor bedroom in relation to the light. It conducted a sight visit, found no evidence of light intrusion, but still adjusted the angle of the light to the lowest level.
13. In its stage 2 complaint response, the Council confirmed it reviewed Miss X’s concerns but still considered the street lighting team followed the correct procedure.
14. Following our involvement, the Council apologised for the delay in completing the actions set out in paragraph 12 (above).
15. Miss X told me she believes the Council changed the light bulb in August. She said the new bulb was much better and had resolved the problem. She said the light angle did not look different. She said the Council could have done this sooner.

The Council’s response to our enquiries

16. In response to our enquiries the Council explained:
• It undertook an LED conversion project for all street lighting in the Council area. It ensured the lighting design (including Miss X’s) met the guidance standards referenced in paragraph 9 (above).
• It undertook a night-time site visit but found no evidence of light intrusion.
• An officer visited the street and adjusted the angle of the light.
• It had not changed the LED light bulb.

Analysis

17. The Council records show it followed the correct procedures in the design and installation of the new LEDs in Miss X’s Street. It correctly adopted the guidance set out in paragraph 9 (above). I do not find any fault in relation to this point.
18. The Council was entitled to expect payment for a shield if Miss X asked for this. This is because its records showed Miss X raised the issue almost two years after the installation. I find no fault in the Council’s application of its policy.
19. Miss X said the Council failed to understand her complaint because it only offered to adjust the light angle and install a shield if she paid. Miss X said the shield would not be effective because she lived in a bungalow. However, the records show the Council took reasonable steps to understand this issue as set out in paragraph 12 (above). Its delay in completing these tasks was fault but it has apologised. I do not find the Council at fault for failing to understand Miss X’s complaint.
20. Miss X says she believes the Council changed the light bulb which has now resolved the problem. However, the Council confirmed it only undertook the adjusted the light angle and did not change the bulb. As Miss X reports the issue is now sorted, I can see no need for further action by the Council.

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Final decision

21. I do not uphold Miss X’s complaint about the Council installing a new LED light near her property, requesting she pay for a shield and failing to understand her complaint. The light issue has now resolved to Miss X’s satisfaction.

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Investigator's decision on behalf of the Ombudsman