Summary: We will not investigate this complaint about the increased use of a bus stop by a bus operator. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mrs X complained about the increased use of a nearby bus stop. She says the service has increased the number of buses stopping in a nearby road since April 2023 and this is causing noise nuisance in her neighbourhood. She wants the authority to decrease the service to the previous level and to replace the buses with electric ones to reduce engine idling at the stand.

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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 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))

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How I considered this complaint

3. I considered the information provided by the complainant and the Authority.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X says since April 2023 the bus service in her area had bene increased considerably. As a result, she is disturbed by buses arriving and departing and also idling diesel engines when waiting at the stand in the next street from hers. She complained to the authority and it told her that it would investigate how her complaints could be mitigated.
6. The authority already provides signs to remind drivers not to idle engines if waiting for some time. It also says it will remind the operators to ensure the instructions are followed by its drivers.
7. There is no duty on an authority to consult with residents about the increase in bus services to an existing stand. Most residents would consider this as a service improvement. Noise from passing and stopping buses is exempt from the provisions of the Environmental Protection Act 1990 because traffic is not subject to statutory nuisance enforcement.
8. Whilst the increased traffic level and bus idling at the stand may be an increased disturbance to Mrs X, this is not a matter which the authority has any duty to reduce and there is insufficient evidence of fault here which would warrant an investigation.

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Final decision

9. We will not investigate this complaint about the increased use of a bus stop by a bus operator. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman