West Sussex County Council (19 006 351)
Category : Transport and highways > Street furniture and lighting
Decision : Closed after initial enquiries
Decision date : 26 Sep 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate this complaint about the Council’s refusal to move a bus stop. It is unlikely he would find evidence of fault by the Council.
The complaint
- The complainant, who I refer to here as Mr B, has complained the Council will not relocate a bus stop he considers has a detrimental effect on a war memorial.
The Ombudsman’s role and powers
- 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)
- We are not an appeal body and 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)
How I considered this complaint
- I have considered what Mr B said his complaint and discussed it with him. I have also seen background information provided by the Council.
What I found
- Mr B has a strong personal connection with a war memorial within the Council’s area. There is a bus stop close to the memorial which he considers has a detrimental effect on it. He asked the Council if it would move the bus stop.
- The Council gives priority to highway works which affect safety. It considered Mr B’s request but could not justify the cost of moving the bus stop. I consider this a matter for the Council to decide and I have seen no evidence of fault in how it did so.
Final decision
- I have decided we will not investigate this complaint because we are unlikely to find evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman