The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s refusal to carry out work to a streetlight. There is not enough evidence of fault by the Council to justify investigating.
The complaint
Mr X complains the Council refused to install a shield or adjust the light on a streetlight outside his property. He says light shields have been installed outside his neighbours’ properties.
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In its complaint responses, the Council outlined reasons why shields had been previously installed on other streetlights. It said this was due to lack of other options on upgraded streetlights and where light intrusion was a possibility such as on terraced houses with no driveway. Relevant to Mr X’s complaint, it explained the streetlight in question was on the opposite side of the road to his property and did not meet the criteria for a shield to be fitted. And it was unable to offer another desired option.
I appreciate Mr X is unhappy, but I am satisfied the Council considered all relevant information provided and gave clear reasons for its decision. There is not enough evidence of fault in the Council’s decision making, so I cannot question the merits of its decision. Therefore, I will not investigate this complaint.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman