Nuneaton & Bedworth Borough Council (23 015 524)
Category : Transport and highways > Street furniture and lighting
Decision : Closed after initial enquiries
Decision date : 16 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a streetlight outside the complainant’s home. This is because it is made late and I see no good reason to exercise discretion and investigate it now.
The complaint
- Mr X complains about a streetlight outside his home which he says shines light through his windows causing a disturbance.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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
- Mr X complained to the Council about the matter in 2022. The Council carried out inspections but found no statutory nuisance and told Mr X that it would take no further action. In responding to his complaint in December 2022, the Council advised Mr X how he could escalate his complaint to the final stage of its complaints process.
- I will not investigate Mr X’s complaint because it is made late. I see no good reason why Mr X could not have escalated his complaint with the Council and then approached the Ombudsman sooner.
Final decision
- We will not investigate Mr X’s complaint because it is made late.
Investigator's decision on behalf of the Ombudsman