The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with reports of a light nuisance. This is because there is insufficient evidence of fault.
The complaint
Mr X complains that the Council failed to properly investigate his report of a light nuisance from a neighbouring property. Mr X wants the Council to issue his neighbour with an abatement notice.
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)) 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.
I considered the Ombudsman’s Assessment Code.
My assessment
We are not an appeal body. We may only criticise a council’s decision where there has been fault in its decision-making process which affected the outcome of the decision.
In responding to Mr X’s concerns, a Council Environmental Health Officer considered Mr X’s reports and carried out a site visit where they viewed the light in question. The Officer concluded it could not issue an abatement notice, because the light did not constitute a statutory nuisance.
I will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council. I understand Mr X disagrees with the Council’s decision to take no further action. But it is not fault for a council to properly make a decision with which someone disagrees.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman