The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council responded to reports of light nuisance. Further investigation would not lead to a different outcome.
The complaint
Mr X complained the Council did not respond to his reports of light nuisance, coming from his neighbour’s property. He said the light nuisance had disturbed his sleep, resulting in him having to buy blackout blinds. Mr X wants the Council to reimburse him the cost of these blinds and investigate his concerns.
The Ombudsman’s role and powers
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: further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X reported his light nuisance concerns to the Council at the start of 2023. It contacted his neighbour about the light. The following month, Mr X contacted the Council to say the matter had not improved; he sent a further email setting out six occasions he was woken by the light over a five-week period. The Council did not respond to Mr X’s emails, so in March 2023 he complained. The Council did not respond to that complaint until May 2024.
In the Council’s complaint response, it accepted it did not respond to Mr X’s emails or complaint. It apologised for this. It confirmed it did contact Mr X’s neighbour at the outset with advice on how to mitigate the light nuisance. It said it could not say why his neighbour did not follow the advice set out in its letter.
Although the Council’s failure to respond to Mr X’s emails and complaint was frustrating for Mr X, we will not investigate. Mr X only reported six incidents of light nuisance to the Council. He did not report any further incidents following his March 2023 complaint. Therefore, there was nothing to suggest to the Council the light nuisance was an ongoing problem. The Council has apologised for not responding to his emails or complaint. That apology remedies any injustice caused. Further investigation would not lead to a different outcome. It is appropriate for Mr X to report any new incidents of light nuisance to the Council.
Final decision
We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman