Summary: The Ombudsman will not investigate this complaint about the Council moving a bus stop. The complaint is made too late and, even if this was not the case, the Ombudsman is unlikely to find there was fault by the Council.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council has moved a bus stop. It is now on a road at the back of his garden. Mr B says this has resulted in damage to his property and a loss of privacy.

Back to top

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 late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
5. 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 that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

6. I have considered what Mr B said in his complaint and the Council’s responses to him.

Back to top

What I found

7. The Council responded to Mr B at Stage 1 of its complaints procedure in July 2019. It said it moved the bus stop in the summer of 2017 and not within the previous 6 months as Mr B had said. I consider it likely Mr B would have been aware of any issues caused by the bus stop from that time. I have seen no exceptional reason he could not have complained to us within 12 months.
8. The Council has explained it moved the bus stop for operational reasons and I have seen nothing to suggest fault in how the Council decided to do this.

Back to top

Final decision

9. I have decided we will not investigate this complaint. This is because the complaint is made too late and, even if this was not the case, we are unlikely to find evidence of fault by the Council

Back to top

Investigator's decision on behalf of the Ombudsman