Summary: We will not investigate this complaint Mrs X made about the Council’s responsibility for bus lanes and cycle lanes. We cannot achieve the outcome Mrs X is seeking.

The complaint

1. Mrs X complained to the Council it had positioned bus lanes and cycle lanes in proximity to one another, after an incident involving her child. Mrs X said they are dangerous because they are positioned alongside each other, and she wants the Council to change this and provide compensation.

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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 we cannot achieve the outcome someone wants.
   (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 Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X complained to us after her child was injured by a cyclist while stepping off a bus. Mrs X said this is the Council’s responsibility because of how the two lanes are positioned. We will not investigate this matter because we could not direct the Council to alter the road network.
6. Mrs X also said the Council should be liable for compensating those people who are injured in these circumstances. We cannot achieve this outcome either, because only the courts can decide on liability and award compensation.

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Final decision

7. We will not investigate Mrs X’s complaint because we cannot achieve the outcome she is seeking.

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Investigator's decision on behalf of the Ombudsman