Nuneaton & Bedworth Borough Council (23 015 524)

Category : Transport and highways > Street furniture and lighting

Decision : Closed after initial enquiries

Decision date : 16 Feb 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about a streetlight outside the complainant’s home. This is because it is made late and I see no good reason to exercise discretion and investigate it now.

The complaint

  1. Mr X complains about a streetlight outside his home which he says shines light through his windows causing a disturbance.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X complained to the Council about the matter in 2022. The Council carried out inspections but found no statutory nuisance and told Mr X that it would take no further action. In responding to his complaint in December 2022, the Council advised Mr X how he could escalate his complaint to the final stage of its complaints process.
  2. I will not investigate Mr X’s complaint because it is made late. I see no good reason why Mr X could not have escalated his complaint with the Council and then approached the Ombudsman sooner.

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Final decision

  1. We will not investigate Mr X’s complaint because it is made late.

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Investigator's decision on behalf of the Ombudsman

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