Essex County Council (23 020 765)
Category : Transport and highways > Street furniture and lighting
Decision : Not upheld
Decision date : 05 Sep 2024
The Ombudsman's final decision:
Summary: Mrs H complains, that when the Council replaced a streetlamp bulb for an LED one, it removed the cowl that provided protection for them from the lamp’s glare. It then told her its policy was she would have to wait for eight weeks before asking it to fit a cowl. In response to my draft decision the Council has advised there was not a cowl on the old lamp. And that it has now fitted a cowl. My decision is there was no fault by the Council.
The complaint
- The complainant (Mrs H) complains a streetlamp near her home had a cowl fitted to it, to prevent glare into her home. But when the Council replaced the bulb for a light emitting diode (LED), it removed the cowl. It then told her its policy was she would have to wait for eight weeks before asking it to fit a cowl.
- Mrs H says the light from the lamp now shines in their front rooms. As the property is a bungalow, this includes two bedrooms, one of which is her disabled son’s. The lamp means he now has trouble getting to sleep.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
- 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)
How I considered this complaint
- In reaching this decision, I have:
- considered Mrs H’s complaint to the Ombudsman;
- considered the Council’s complaint responses to Mrs H;
- considered information on the Council’s website about its replacement streetlight programme;
- spoken to Mrs H;
- sent my draft decision to Mrs H and the Council and considered their responses.
What I found
Legal and administrative background
- 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.
- 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.
The Council’s replacement streetlight programme
- The Council is carrying out a programme of replacing its streetlamp bulbs with LED bulbs.
- Regarding glare from the new LED bulbs, advice on its website says:
“Many people perceive that the light from LEDs is brighter, whereas in fact it is just whiter and clearer, and we ask residents wait for up to 8 weeks after installation for their eyes to adjust to the new lights before contacting us”.
What happened
- Mrs H and her family live in a bungalow. Outside their home is a streetlamp. Mrs H’s understanding was the lamp already had a Council fitted cowl, to reduce glare into their bedrooms (which face the streetlamp).
- In early 2024, as part of its streetlight replacement programme, the Council replaced the bulb in the streetlamp outside Mrs H’s home with a LED bulb.
- Mrs H complained to the Council twice that it had removed the cowl and not replaced it meaning they now had glare into their home. The Council’s response to both contacts asked her to wait for eight weeks before requesting a cowl.
- After the end of the eight-week period, Mrs H asked for a cowl. The Council put her on a waiting list, with a priority, because of the issue affecting her son’s ability to get to sleep, partly due to his disability. It has now fitted a cowl.
- In response to my enquiries, the Council advised that, before it replaced the bulb, the streetlamp did not have a cowl fitted. It provided evidence to support this.
Was there fault by the Council?
- I understand the reasons for the Council having a waiting time policy for considering adjustments to new LED lights. The merits of this policy decision is not something the Ombudsman will criticise (see paragraph 3). After the waiting period, the Council rightly prioritised fitting a cowl the streetlamp outside Mrs H’s home.
- My draft decision found provisional fault the Council had not fitted a cowl to replace the one it removed. But with the Council’s evidence there was no cowl on around the old bulb, my decision is there was no fault by the Council.
Final decision
- I do not find any evidence of fault so I have not upheld this complaint.
Investigator's decision on behalf of the Ombudsman