Summary: We will not investigate this complaint about the Authority’s refusal to remove or relocate a bus stop outside Mr X’s home. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains the Authority has refused to remove or relocate a bus stop outside his home. He says he experiences antisocial behaviour from those using the bus stop which causes him distress. He wants the Authority to remove or re-position the bus stop.

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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
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

3. I considered 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 Authority to remove or replace a bus stop outside his property. He says the location of the bus stop was causing him to experience harassment and antisocial behaviour.
6. The Authority considered his request. It decided it could not remove it, as the distance between remaining bus stops would be too great. It considered whether it could move it to a different location, but decided the current location was the safest position and so it could not support relocation.
7. In response to his concerns about antisocial behaviour, it said it had worked in partnership with other organisations to try and address the cause of this. If he continued to experience antisocial behaviour, he should report this to the Police.
8. We will not investigate this complaint. The Authority has appropriately considered Mr X’s request. It has explained its reasons why it will not agree to remove or relocate the bus stop. We cannot question this decision simply because Mr X disagrees with it.
9. The Authority is not responsible for the actions of individuals on the public highway. It has acted to try and address the cause of the antisocial behaviour and appropriately advised him to report any further concerns to the Police. There is insufficient evidence of fault to warrant an investigation.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman