Summary: The Ombudsman will not investigate Mrs B’s complaint that the Council has agreed dramatic changes to a local bus route. This is because there is insufficient evidence of fault in the Council’s decision-making process.

The complaint

1. The complainant, whom I shall call Mrs B, complained that the Council has agreed dramatic changes to a local bus route. She says these changes put children, including her daughter, in danger.

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The Ombudsman’s role and powers

2. 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 would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I have considered the information Mrs B provided, her comments on my draft decision, the Council’s responses to the issues she raised and information published on the Council’s website.

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What I found

5. The Council provides some funding assistance to private bus operators in its area to help some bus routes to keep running. In 2019 the Council decided to reduce its funding. As a result, there have been changes to some bus routes, including the one used by Mrs B’s daughter.
6. A complaint to us is not the same as an appeal. Our role is to look at the Council’s decision-making process. In this case the Council has considered the matters we would expect it to consider as well as the funding situation. It reached its decision after taking account of the responses to its bus user survey which was to help identify the impact of the changes on those affected. For example, one of the responses was that the bus was critical for getting to school on time. There is insufficient evidence of fault in the Council’s decision-making process so we cannot criticise the merits of the Council’s decision. In that situation we would have no basis to call on the Council to provide the remedy Mrs B is seeking.
7. Mrs B told us her daughter now has to walk on and cross very dangerous roads. Also, she says the alternative routes are dangerous. She says the Council has not proposed any road safety changes either. In July 2019 Mrs B suggested the Council should install a crossing or mini roundabout
8. We cannot normally investigate a complaint unless we are satisfied the Council knows about the complaint and has had an opportunity to investigate and reply. If Mrs B is dissatisfied with the Council’s response to her suggestion for road safety changes, she can make a formal complaint under the Council’s complaints process about this issue.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because there is insufficient evidence of fault in the Council’s decision-making process.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman