Summary: We will not investigate Mrs X’s complaint about the street lighting outside her property being too bright. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mrs X complained the street lighting outside her property is too bright. Mrs X said it is affecting her sleep and has caused her distress. She wants the Council to take appropriate action to reduce the brightness.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X told the Council the street lighting outside her property was too bright. The light was overspilling onto her property and causing an intrusive glare.
7. In response to Mrs X’s concerns, the Council assessed the street lighting. It then decided to take action to reduce the light spill. This included fitting shields around the lamps and dimming the lights. The Council also completed a review of the street lighting to ensure it was appropriate for the road and compliant with the relevant standards.
8. Mrs X said despite the Council’s efforts, she considered the lighting was still too bright. The Council explained to Mrs X it was not able to take further action as further reduction of the lighting would not be safe for the road and not in line with standards.
9. We will not investigate Mrs X’s complaint. This is because there is insufficient evidence of fault by the Council. It appropriately responded to Mrs X’s concerns and took reasonable action. It also explained its reasons why it could not reduce the lighting further. There was no fault in how the Council made its decision.

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Final decision

10. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman