Summary: We will not investigate this complaint about the Council’s decision to install different coloured lighting on a roadway near Mr X’s home. We are unlikely to find fault and the Council’s actions have not caused Mr X an injustice. In any case we could not achieve the outcome Mr X is seeking.

The complaint

1. Mr X was unhappy with how the Council decided to replace street lighting near his home. He said it decided to do this for environmental reasons, which were flawed because it used out of date information and did not properly consult with residents.
2. Mr X is worried this means his area is less safe and now wants the Council to change the lighting back to the previous installation.

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The Ombudsman’s role and powers

3. 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, or
• any fault has not caused injustice to the person who complained, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Mr X complained to the Council because it changed the streetlights near his home, and he was concerned that reduced lighting would mean vehicular traffic would be less safe. He also said the area being less well-lit could mean anti-social behaviour may increase. Mr X was also unhappy, because despite the Council saying it decided to do this for environmental reasons, he believed the information the Council used to support this decision was out of date and the decision was wrong.
7. We will not investigate this complaint. I am not satisfied the Council’s actions have caused any injustice to Mr X. Additionally, given the Council’s explanations to Mr X. about its actions, it is unlikely we would find fault.
8. Finally, irrespective of either of these considerations, we could not tell the Council to revert to a previous installation and therefore could not achieve the outcome Mr X is seeking.

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Final decision

9. We will not investigate Mr X’s complaint because there is no worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman