Kirklees Metropolitan Borough Council (23 002 125)
Category : Transport and highways > Street furniture and lighting
Decision : Closed after initial enquiries
Decision date : 30 May 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the location of a new bus stop as the injustice to the complainant is not sufficient to warrant our involvement.
The complaint
- Mrs X complains the Council is to locate a new bus stop close to her home which will impact on the visibility from her driveway, causing a hazard. Mrs X wants the bus stop to be located somewhere else.
The Ombudsman’s role and powers
- The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- While I recognise Mrs X would prefer the bus stop to be located somewhere else, I do not consider we should investigate her complaint. This is because I do not consider the injustice caused to her from a bus stopping at the new stop, which will be 30 metres away from Mrs X’s driveway, is sufficient to warrant our involvement. I appreciate it may cause Mrs X some inconvenience, if she feels she has to wait for the bus to move on, to be sure about exiting her driveway. However, I do not consider this is serious enough to warrant our further involvement. That the Council has also stated, in its complaint responses, that the new bus stop does not create a hazard, adds weight to my view.
Final decision
- We will not investigate Mrs X’s complaint because I do not consider it causes Mrs X an injustice serious enough to warrant our involvement.
Investigator's decision on behalf of the Ombudsman