Summary: The Ombudsman will not investigate Mr B’s complaint that the Council is at fault in using an amended school bus route which places pedestrians in danger. This is because it is unlikely we would find fault on the Council’s part.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council is at fault in using an amended school bus route which places pedestrians in danger.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered what Mr B has said in support of his complaint.

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What I found

4. Three of the Council’s school buses are currently using an amended route due to a temporary road closure. Mr B complains that the amended route places pedestrians, including schoolchildren, in danger. He says the Council is at fault in deciding not to use the recommended diversion, or a shorter alternative route.
5. The Council has responded to Mr B’s complaint. It has set out why it regards the recommended diversion as inappropriate for school buses, and points out that the road about which Mr B has expressed concerns is unrestricted. It has therefore declined to change the amended route. Mr B believes the Council’s position is unreasonable.
6. The Ombudsman will not investigate Mr B’s complaint because it is unlikely we would find fault on the Council’s part. It is for the Council to determine whether a bus route is appropriate. Mr B disagrees with the Council’s view but it is not for the Ombudsman to decide which is right. If there are no regulations in place restricting the use of the road in question, it is available for the Council’s use and the Ombudsman cannot criticise it for doing so. Dangerous or illegal driving would be a matter for the police.

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Final decision

7. Subject to any comments Mr B might make, my view is that the Ombudsman should not investigate this complaint. This is because it is unlikely we would find fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman