Summary: We cannot investigate this complaint about the effect of a town centre bus station redevelopment on Mr X’s business. The Council is not responsible for the redevelopment scheme.

The complaint

1. Mr X said the Council had failed to mitigate the effect of prolonged construction and the moving of a bus station that restricted access to his business, causing him financial hardship.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The redevelopment affects the area directly next to Mr X’s premises, which is also not a public highway. Essex County Council is not the authority responsible for the redevelopment of the bus station and surrounding area. Any mitigation for local businesses would be the responsibility of the authority directing the scheme.

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Final decision

7. We cannot investigate Mr X’s complaint because the Council is not the body responsible for the matters complained of.

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Investigator's decision on behalf of the Ombudsman