Summary: We will not investigate Mr X’s complaint about matters related to the Council’s decision to relocate a bus stop. There is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complains about the Council’s decision to relocate a bus stop near his property without prior consultation and risk assessment. He says he suffers littering, abuse from passengers, and difficulty accessing his drive.
2. Mr X also complains about the Council’s delay in implementing recommendations following a safety assessment and its complaint handling. He feels it is going back on its findings.

Back to top

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. 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, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. In response to Mr X’s complaint, the Council said prior public consultation was not necessary as per its policies. And specific pre-installation risk assessment may not always be conducted due to time constraints. To address Mr X’s concerns, it decided to request a road safety assessment.
8. The Council did not have to consult or carry out a risk assessment as Mr X wanted. There is not enough evidence of fault to justify an investigation.
9. In August 2024 the Council agreed to relocate the bus stop and keep Mr X updated on progress. Mr X is unhappy the Council has not yet completed the relocation. However, the Council is not obliged to do so by any set time. And any delay has not caused significant injustice to Mr X, noting the Council is not responsible for the behaviour of third parties.
10. It would not be a good use of public money to investigate the Council’s complaint handling when I will not investigate the substantive matter.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.

Back to top

Investigator's decision on behalf of the Ombudsman