Summary: We will not investigate this complaint about the Council’s failure to take action on his report of a light nuisance from a neighbouring property. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complaint is outside our jurisdiction as the complainant has already taken legal action on the matter.

The complaint

1. Mr X complains the Council failed to correctly consider his report that light coming from a neighbouring property at night was not a statutory nuisance.
2. He wants the Council to accept it should have served an Abatement Notice and compensate him for the legal costs he has incurred.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

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

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Final decision

7. We will not investigate Mr X’s complaint because it is outside our jurisdiction as he has already taken legal action on this matter.

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Investigator's decision on behalf of the Ombudsman