The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council’s refusal to re-site a bus stop which Miss X says is a source of disturbance. The complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.
The complaint
Miss X complained about the Council’s refusal to remove a bus stop which she says has been a source of disturbance for several years due to waiting buses and drivers behaviour.
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 a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says the Council has failed to take action over complaints about a bus stop near her home over several years. She says the terminus stop involves buses idling engines, litter from passengers and vibration and passengers affecting her privacy. She also says the buses breach the highway code by stopping near dropped kerbs and causing temporary obstructions.
She complained to the Council and asked for the stop to be removed as residents have wanted this for years. The Council told Miss X that it would not remove the stop as it has been an integral part of the route for years and that it is sued by the wider public. However, it will shortly be revised to a request-only stop which would reduce the waiting time for buses at the site.
We will not exercise discretion to consider Miss X’s complaint as it concerns matters she has been aware of for more than the 12-month period for accepting complaints. In this case the issue she has complained about has been apparent for more than 12 months and is not a recent Council decision. There is no evidence to suggest that Miss X could not have complained to us sooner.
Final decision
We will not exercise discretion to investigate this complaint about the Council’s refusal to re-site a bus stop which Miss X says is a source of disturbance. The complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Miss X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman