Summary: Mr X complains about the location of a bus shelter and the time taken to move it. The Ombudsman will not investigate this complaint. The Council has moved the bus shelter and it is unlikely that an investigation will add to that already undertaken by the Council. It is also unlikely that further investigation will lead to a different outcome.

The complaint

1. Mr X complains the Council installed a bus shelter in the middle of a cycle route.
2. He says there is high potential for an accident at this location due to the confusion caused by the shelter. He believes 6 months is an unreasonable delay for the rectification works to be completed. And the Council has given poor and unreasonable excuses for the delay.
3. Mr X says he has had to dodge pedestrians waiting for the bus as they don't know which is the correct lane for them to be in.

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The Ombudsman’s role and powers

4. 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 could add to any previous investigation by the Council
• it is unlikely further investigation will lead to a different outcome

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

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How I considered this complaint

5. I considered the information provided by Mr X with includes the Council’s responses to his complaint.
6. He commented on the draft version of this decision.

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What I found

7. In June Mr X complained to the Council about the location of a bus shelter in the middle of a cycle lane.
8. The Council says the third-party contractor failed to place the shelter in the preferred location because they believed there was not enough clearance from overhead power lines to ensure a safe installation. The Council also confirmed it was not advised of any issues by the contractor, nor of the decision to install the shelter in a different location to that agreed.
9. The Council confirmed the bus shelter was moved away from the cycle lane in January. It says the delay was due to the availability of the contractor.
10. I understand that Mr X unhappy with the 6-month delay between him reporting the obstacle and moving the bus shelter. However, the cycle lane is now clear. As this is the outcome that he was seeking to resolve his complaint I do intend to investigate this complaint. I do not believe it would be a good use of the Ombudsman’s resources to investigate the reasons for the delay. Any investigation is unlikely to add to the information provided by the Council in any meaningful way. Nor is it likely we would achieve a different outcome.

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Final decision

11. I will not investigate this complaint. It is unlikely we could add to any previous investigation by the Council. Nor is it likely that further investigation will lead to a different outcome.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman