Summary: We will not investigate this complaint about the brightness of street lighting because it is late without good reason to exercise discretion to investigate it now.

The complaint

1. Mr Y complained the Council has failed to fit full shades onto two streetlights outside his home. Mr Y says the Council has fitted half shades, but he says this still means his bedroom is too bright for him to sleep in.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

5. Mr Y originally complained to the Council about the issue in 2023. The Council responded to Mr Y’s complaint about the streetlights in October 2023. It found in its investigation that the light levels were below the level considered to be intrusive, but fitted two half shades, also known as louvres, onto the streetlights to reduce the light levels further. It did not fit full shades as this would affect the lighting on the public highway and the road would not be lit safely.
6. Mr Y’s MP contacted the Council again about the matter in April 2025. The Council explained its response as in paragraph five and confirmed it had no further response. Mr Y then approached us in June 2025.
7. The law says people should normally complain to us within 12 months of becoming aware of an issue. Complaints brought to the Ombudsman more than 12 months after someone becomes aware of something a council has done are considered late. We cannot investigate late complaints unless we decide there are good reasons.
8. Mr Y’s was aware of his reason to complain about the Council’s actions when he originally complained to the Council and received its response in 2023, more than 12 months ago. Consequently, his complaint is now late. We have discretion to disapply the rule outlined in paragraph four where we decide there are good reasons.
9. Mr Y has not provided any good reasons why he did not bring his complaint to us within 12 months of knowing about the matter. He was able to communicate with the Council and his MP about the matter, so it is reasonable to expect him to have complained to us sooner. Consequently, there is not sufficient good reason to exercise discretion to investigate this late complaint now. We will not investigate.

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Final decision

10. We will not investigate Mr Y’s complaint because it is late without good reason to exercise discretion to investigate it now.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman