Summary: We will not investigate this complaint about the Council’s refusal to remove a bus stop from opposite Mr X’s home. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s refusal of his request to remove a bus stop from the footway next to his home. He says he experiences littering and dog waste in his garden and damage has been caused to his wall and gate. He wants the Council to move the stop to another location.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered the information provided by the complainant and the Authority.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X asked the Council to remove a bus stop from outside his property because he has suffered from littering in his garden and minor damage to his property which he believes is caused by people waiting for the bus.
6. The Council investigated his complaint and advised him that the stop was equidistant from two other stops with a distance of approximately 300 metres. If the stop was removed or moved nearer to another one this would make it too far for the public or would interfere with the timings of bus arrivals. It has a responsibility for ensuring the bus stops are convenient for the public.
7. The Council is not responsible for the actions of individuals on the public highway. It can remove litter from the footway where there is a problem but not from private land. Any damage caused by individuals to private property would be a criminal matter.
8. The Council investigated Mr X’s complaint and gave him a reasonable explanation for not removing the stop. When considering complaints, we may not question the merits of the decision the Council has made or offer any opinion on whether or not we agree with the judgment of the Councils’ officers or members when there is no fault. This means we will not intervene in disagreements about the merits of decisions.

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Final decision

9. We will not investigate this complaint about the Council’s refusal to remove a bus stop from opposite Mr X’s home. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman