Summary: Mr D complains the Council located a bus stop near his home. The Ombudsman has found fault because the Council has not evidenced how it considered the bus stop application. The Ombudsman has upheld the complaint and completed the investigation: the Council agreed to review the case and improve procedures for the future.

The complaint

1. The complainant (whom I refer to as Mr D) says the Council located a bus stop next to his property. He thinks it should have consulted him and placed the stop elsewhere.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I have considered the information provided by Mr D. I also asked the Council questions and examined its responses.
6. I shared my draft decision with both parties.

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What I found

What happened

7. In June 2021 the Council received a request from a Councillor to install a new bus stop. A Passenger Transport Officer (Officer) assessed the request, the Council says he took account of whether the location would block any property window or doors or affect resident’s parking. He concluded the site near Mr D’s home was suitable and unlikely to cause objections. In September the Council finalised the location for the bus stop. In February 2022 the bus stop marker was installed.

What should have happened

8. When the Council receives a request to install a bus stop the case is considered by an Officer. They will look at a possible location, taking account of traffic safety requirements and the spacing between bus stops. In addition, they look at a range of factors including:
• whether the location is outside a property window/ door with no walls to obscure the sightline;
• if residential parking be affected;
• if the bus stop block access to private parking;
• if there are likely to be a high level of objections.
9. If the Officer concludes there are no significant issues the bus stop will be approved and installed. The Council does not automatically consult residents about a proposed bus stop. It will only do so where the Officer finds the stop is likely to cause issues as set out above. There is no statutory duty for the Council to carry out a consultation process for every bus stop.

Was there fault by the Council

10. It is not for the Ombudsman to decide where the Council locates a bus stop. However, the Council must be able to show how it followed its procedures when making a decision about a bus stop. In this case the Council has supplied me with its process map and some emails from the Officer. Unfortunately, none of those documents show me how the Officer actually considered the factors set out above in reaching his decision. This means I am unable to say with any certainty whether the correct process was followed. Had the Council used a checklist or a standard form this would have shown me how the key issues were examined. In the absence of any such audit trail I must find the Council at fault.
11. Mr D also complains the Council failed to consult him about the proposed bus stop. There is no statutory duty on the Council to consult residents about a bus stop. There is no fault in this part of the complaint.

Did the fault cause an injustice

12. The fault by the Council means Mr D is left uncertain about whether the correct process was adhered to in respect of the bus stop near his home.

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Agreed actions

13. The Council has agreed that, in order to remedy the injustice to Mr D, it will carry out a retrospective assessment of the bus stop site. This will be documented so there is a clear decision-making trail. The decision, and how it was reached, to be shared with Mr D. This should be done within four weeks of this case closing.
14. To prevent this issue reoccurring the Council will also look at using a standard form to document its decision-making process. This would be a simple way to ensure that in future cases the Council can check it took account of all the relevant factors and be able to easily evidence that to complainants/ the Ombudsman.

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Final decision

15. I have upheld the complaint and completed the investigation.

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Investigator's decision on behalf of the Ombudsman