The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s response to his light pollution concerns. This is because there is not enough evidence of fault to warrant an investigation.
The complaint
In short, Mr X complains about the Council’s decision that light pollution does not represent a statutory nuisance.
The Ombudsman’s role and powers
We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start 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 also considered the Ombudsman’s Assessment Code.
My assessment
Mr X disagrees with the Council decision that the light pollution does not represent a statutory nuisance under the Environmental Protection Act 1990.
According to the Council’s complaints response, two officers from the Council carried out a site visit before reaching their decision. This decision was reviewed and upheld by a senior officer.
Based on the information I have seen, the Council responded to Mr X’s complaints in line with its policy, and therefore there is not enough evidence to warrant an investigation.
It is open to Mr X to take out his own private action under s82 of the Environmental Protection Act in the magistrate’s court.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence to justify investigating.
Investigator's decision on behalf of the Ombudsman