The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the siting of a bus stop near to her home as the bus stop has been there for a number of years. The complaint is late and there is no good reason to exercise discretion to investigate it now.
The complaint
Mrs X complains about the positioning of a bus stop which is immediately outside the front boundary to her property.
Mrs X further complains about the litter, noise, anti-social behaviour and access issues she feels the bus stop causes.
The Ombudsman’s role and powers
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 an authority has done. (Local Government Act 1974, sections 26B and 34D, as amended) The courts have said we can decide not to investigate a complaint about any action by an authority concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant’s representative.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X lives close to a bus stop which has been in the same position for well over ten years. Digital imagery available online shows there has been no material change to the positioning of the bus stop or the size of the shelter for this period of time.
We may investigate a late complaint if the person was unaware of the matter complained of at the time or if they have been unable to complain to us.
We will not ordinarily investigate a complaint about the actions of a council or authority when the substantive issue (in this case the positioning of the bus stop and shelter) is outside of our jurisdiction.
Final decision
We will not investigate Mrs X’s complaint because it is late and there is no good reason to exercise discretion to do so now. We will not investigate the actions of the Authority in handling Mrs X’s complaint about the bus stop and associated issues as we cannot investigate the positioning of the stop itself due to the length of time elapsed since its original positioning.
Investigator's decision on behalf of the Ombudsman