The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s refusal to relocate the bus stop outside her property. There is not enough evidence of fault by the Council to justify investigating.
The complaint
Miss X complains the Council has refused to move the bus stop outside her 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 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)) 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 considered the Ombudsman’s Assessment Code.
My assessment
In its complaint responses, the Council outlined its considerations for bus stop relocation. Namely, highway safety, cost, benefits to the wider community and objections of residents.
It explained a safety assessment showed no safety concerns, a move would be costly and impractical, and no other residents objected to its current position.
The Council gave clear reasons for its decision with reference to its policy. I appreciate Miss X remains unhappy but there is not enough evidence of fault in the Council’s decision making to justify an investigation. It is open to Miss X to request supporting documents from the Council about its assessment if she wishes.
I note Miss X moved into the property with knowledge of the bus stop, which had been present for many years previously. I cannot hold the Council responsible for any injustice arising from her choice to move to a property next to a bus stop.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify investigating.
Investigator's decision on behalf of the Ombudsman