Summary: We will not investigate this complaint about the operation of private bike hire schemes. This is because there is insufficient evidence of fault by the Council and because there are other bodies who are better placed to consider the issues.

The complaint

1. The complainant, Mr X, complains the Council will not act to deal with problems associated with private bike hire schemes. He says the Council is ignoring crime and should have policies to protect people. Mr X wants a change in the law.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Mr X complained to the Council about private bike hire schemes operating in the area. He said there is a crime wave linked to the bikes and referred to his daughter who had been a victim of crime linked to a rented bike. He suggested his daughter should receive compensation for her injuries.
5. The Council explained it had not introduced any of the schemes and cannot stop them operating. It said it was working with the operators to limit the number of bikes and was introducing designated parking bays to reduce the number of bikes being left in inappropriate places. The Council suggested Mr X report his concerns to the operators and report any crime to the police. The Council said any compensation claim should be directed to the operator.
6. Mr X says he contacted an operator but was dissatisfied with the reply.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council is not responsible for the schemes and has no regulatory powers. Nevertheless, it is working with the operators to restrict where bikes can be left.
8. I also will not investigate this complaint because there are other organisations who are better placed to consider Mr X’s concerns. Neither the Council, nor us, can change the law; however, Mr X could explain his concerns about the schemes, and how they are regulated, to his MP. He could also contact the Mayor of London or Transport for London. In addition, he could go back to the operator if he thinks the response was insufficient and, as the Council noted, he can report crimes to the police.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because there are other people and organisations who are better placed to consider the issues.

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Investigator's decision on behalf of the Ombudsman