The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to place a bus shelter outside the complainant’s property. This is because there is insufficient evidence of fault in the Council’s decision-making process.
The complaint
The complainant, Mr X, complained about the Council’s decision to place a bus shelter outside his property.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
Mr X has had the opportunity to comment on my draft decision. I considered any comments received before making my final decision.
My assessment
Mr X told us he purchased his property in February 2021. He told us the Council’s decision to place a bus shelter outside has a negative impact on his property and created an eyesore. Mr X said the Council did not consult residents on where they thought the bus shelter should go and questions why the original placing was not good enough. He wants the Council to either move the bus shelter or replace it with a bus stop sign on a pole.
The Council considered Mr X’s complaint. It said it carried out consultations where Mr X and other objections were put before the Council’s cabinet for consideration. It considered Mr X’s comments, but it said the impact on individual households needed to be balanced against the general interests of the wider community, including the users of public transport. This is a judgement it is entitled to make.
We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. In this case there is insufficient evidence of fault in the Council’s decision-making process. This is because the Council has followed the process we would expect when reaching its decision. Mr X was able to object to the proposal. It was then for the Council to consider all the information received and make a decision.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the Council’s decision-making process.
Investigator's decision on behalf of the Ombudsman