London Borough of Lambeth (19 002 767)

Category : Transport and highways > Street furniture and lighting

Decision : Closed after initial enquiries

Decision date : 29 Oct 2019

The Ombudsman's final decision:

Summary: Mr X complained about the location of a bus shelter outside his home and disturbance caused by people waiting there. The Ombudsman will not investigate this complaint. This is because the responsibility for the location and maintenance of bus stops lies with Transport for London and not the Council.

The complaint

  1. The complainant, whom I shall call Mr X, complains about a bus shelter situated near his home. He says that its use has increased, and he is disturbed by noise from buses arriving and littering and noise from passengers waiting near his home. He wants the stop to be moved further down the road away from his home.

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The Ombudsman’s role and powers

  1. 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
  • there is another body better placed to consider this complaint.

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

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How I considered this complaint

  1. I have considered all the information which Mr X submitted with his complaint.

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What I found

  1. Mr X complained to the Council about the location of a bus shelter near his home. He says its use has increased in recent years since new housing development took place. He says the buses create noise and pollution when collecting passengers. He also complained about litter and noise and disturbance from drunks and people looking into his home.
  2. The Council is not responsible for the siting or upkeep of bus shelters. These fall within the responsibility of Transport for London and it would be necessary for Mr X to make a complaint to that body.

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Final decision

  1. The Ombudsman will not investigate this complaint. This is because the responsibility for the location and maintenance of bus stops lies with Transport for London and not the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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