Summary: Mr X complained about the street lighting the Council installed outside his home. He said the lights are causing light pollution in his bedroom and preventing him from sleeping. There was fault in the way the Council did not complete an accurate assessment of the light entering his home. Mr X was uncertain if the light in his home was above the allowed levels. The Council should apologise and complete an assessment if Mr X consents.

The complaint

1. Mr X complained about the street lighting the Council installed outside his home. He said the lights are causing light pollution in his bedroom and preventing him from sleeping.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a Council’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

4. I read Mr X’s complaint and spoke to him about it on the phone.
5. I considered information provided by Mr X and the Council.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Background information

7. The Highways Act 1980 states the highway authority, in this case, the Council, can construct and maintain lamps, posts and other works they consider necessary for the purpose of the highway.
8. Councils should meet the relevant British Standards when installing new street lighting. British Standard (BS) 5489 is the Code of Practice for the design of road lighting.
9. Councils should also consider the need to avoid unacceptable obtrusive light from street lights. The Institute of Lighting Professionals has introduced specific guidance notes for reducing obtrusive light (ILP guidance notes). These recommend light limits dependent on the residential setting but are for guidance only.
10. The ILP guidance notes confirmed the curfew is the time after which stricter requirements apply. Curfew times often commence between 21:00 and 23:00 and may run until 07:00. The maximum amount of light allowed into a residential home, like Mr X’s, is two units of illumination (lux) after the curfew.

What happened

11. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
12. The Council replaced the street lights outside Mr X’s home in May 2023.
13. Mr X contacted the Council in June 2023 to complain about the lighting. He complained the lighting was not satisfactory and it was affecting his sleep.
14. The Council responded in July 2023. The response said the light dims to 75% at 21.30 and 50% at midnight. The Council said it kept to the required lighting standards.
15. Mr X contact the Council in August 2023. He said the dimming from the light is not enough. The Council referred the matter to an engineer, Y, to act on its behalf.
16. Mr X contacted Y in September 2023 and asked when the Council would fit a shield to the light. He repeated the light is affecting his sleep.
17. Mr X chased Y for a response in October 2023. Y contacted the Council and confirmed the contractor fitted the shield and the Council started dimming the lights overnight. Y asked if the Council would do a light assessment.
18. Y visited Mr X’s home at the end of October 2023 to see the light. Y said the Council could install blanking shields, but it needed to consider the impact to the light on the road.
19. Mr X chased Y in January 2024. Y contacted the Council who approved painting a line on the light to lower the glare Mr X reported.
20. The Council painted the line on the light in February 2024. Mr X informed Y it did not resolve his concerns as the line was not low enough. Y said he could not lower the line as it would impact the light levels in the street.
21. Mr X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Mr X would like the Council to resolve the issue with the light.
22. In response to my enquiries the Council stated it has received other complaints of this matter. The Council said it completed a desk top exercise and it assumed the light entering Mr X’s upstairs window is 1.08 lux, below the two lux allowed.

My findings

23. It is not the Ombudsman’s role to decide if the light falling onto Mr X’s property is too high. It is the Council’s responsibility. Our role is to assess whether the Council made its decision properly.
24. We cannot question whether a council’s decision is right or wrong simply because a person disagrees with it. We must consider whether there was fault in the way the Council reached its decision.
25. The evidence shows the Council has referred to the light falling on the street is acceptable. The Council also must ensure light does not breach limits in residential homes.
26. When considering if the amount of light is acceptable, we would expect the Council to assess this against an objective standard or guidance and provide reasons for its decision.
27. The Council said it completed a desktop exercise and assumed the light entering Mr X’s upstairs window is 1.08 lux. As Mr X and other residents had complained to the Council about the intrusive light at night, we would have expected the Council to complete a site visit to measure the light levels at night and using the relevant professional guidance, consider whether the levels of light intrusion were acceptable. The Council failed to do this. This is fault. The fault caused Mr X uncertainty as it is not clear if the level of light intrusion complained of is within acceptable levels.

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Agreed action

28. To remedy the outstanding injustice caused to Mr X and Y by the fault I have identified, the Council should take the following action within 4 weeks of my final decision:
• Apologise to Mr X for not completing an accurate assessment. This apology should be in accordance with the Ombudsman’s new guidance Making an effective apology.
• If Mr X agrees, the Council should complete an accurate assessment at Mr X’s property. This assessment should confirm if the light in the upstairs window is below the suitable levels of two lux after curfew, quoted in the guidance note referenced in paragraph nine.
• If the assessment shows the light in Mr X’s upstairs window is above the two lux allowed, the Council should take remedial action to reduce the light falling into Mr X’s property to within acceptable levels.
29. The Council should provide evidence of the actions taken to satisfy the recommendations.

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Final decision

30. I have completed my investigation. I have found fault by the Council, which caused injustice to Mr X.

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Investigator's decision on behalf of the Ombudsman