Summary: Mr X complained about the Council’s decision to stop repairing a bus shelter near his home. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Mr X, complains that the Council has decided not to repair a bus shelter which has been frequently vandalised in the past. He says this means that the shelter will not provide proper protection against the elements.

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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.

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

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How I considered this complaint

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

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What I found

4. Mr X complained to the Council when it informed him that it has decided to carry out no further repair work to a bus shelter in his area. The Council says it has repaired the shelter many times in the past but that the site has been subject to repeated vandalism by the local community. On previous occasions the damage has led to the shelter being a safety hazard to the public.
5. The Council decided to reduce the structure to a bare frame with a roof to prevent further cost to ratepayers. It says it has requested police and local residents to prevent the vandalism occurring but without any reduction in damage it cannot sustain continuous repairs.
6. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. 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. There is no duty to provide bus shelters and many of the bus stops in Mr X’s area have no shelter at all. The Council’s decision not to undertake further repairs is one which it was entitled to take.

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Final decision

7. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman