Summary: We will not investigate this complaint about a street light near the complainant’s home. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council will not make changes to a street light to stop light shining into his living room. Mr X wants the Council to rotate the light by 90 degrees.

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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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council. This includes the correspondence about the light. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.

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My assessment

5. There is a street light outside the complainant’s home. Mr X asked the Council to shield it because light shines into his living room. Mr X has blinds fitted but says he does not want to live behind blinds.
6. The Council visited several times. It reduced the wattage of the bulb to the lowest possible and fitted rear and front shields. It cannot fit shields to the side, or change the orientation of the light, as this would prevent the column from providing the necessary light for the path and road. The Council explained it must ensure the highway is adequately lit and there are no other changes it can make.
7. Mr X disagrees and says there would be the same degree of light if the Council changed the orientation.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council responded appropriately by visiting the site, reducing the power of the bulb and fitting shields. It also explained why it cannot do what Mr X wants. I acknowledge Mr X is disappointed by the outcome but it is not fault for the Council to follow the recommendations of the street lighting team and it is not our role to say the conclusions reached by those officers are wrong. We do not act as an appeal body and cannot intervene simply because a council makes a decision that someone disagrees with.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman