Summary: We will not investigate this complaint about the Council’s use of LED streetlighting and Communication Nodes in its area. This is because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, says the Council breached the Health and Social Care Act 2012 by not carrying out a Health Impact Assessment before fitting LED streetlighting and Communication Nodes throughout its area. He says the lighting has reduced the number of birds and pollinators and are uncomfortable on the eye, particularly when driving.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. 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)
3. 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

4. I considered information provided by Mr X, including the Council’s response to his complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about its decision to install LED streetlighting throughout its area.
7. In response, the Council explained it had no evidence to suggest the LED lights had any impact on health or the environment. It said it was satisfied the lights had been tested to the required standards and that it would not making any changes to them.
8. It is not our role to act as a point of appeal. We cannot question decisions taken by councils if they have followed the right steps and considered the relevant evidence and information. While Mr X may be disappointed with the Council’s decision, there is no evidence to suggest fault affected it.

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Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman