Bournemouth, Christchurch and Poole Council (24 003 726)
Category : Transport and highways > Street furniture and lighting
Decision : Closed after initial enquiries
Decision date : 24 Jul 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of matters relating to the installation of a bus stop and shelter in front of Ms X’s property. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
The complaint
- Ms X complains the Council relocated a bus stop outside her home without any prior warning. She says some bus stop passengers have displayed anti-social behaviour and she wants the stop moved.
The Ombudsman’s role and powers
- 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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
- 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council, including its response to the complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In 2024 Ms X complained to the Council about the relocation of a bus stop outside her house. She said she had not been consulted and was affected by its positioning and the anti-social behaviour of some bus passengers waiting at the stop.
- The Council responded by setting out the public consultation event, letters and notifications which had taken place from 2021, outlining the planned changes to the travel route, including the relocation of the bus stop. While it noted Ms X said she had not received any of at least seven letters sent to a mailing list on which her property was included, it explained it had properly followed its procedures and that it would not be moving the bus stop which had been relocated to provide better visibility for drivers. It suggested she report anti-social behaviour to the police.
- It is not our role to act as a point of appeal against decisions made by councils with which complainants disagree. We cannot question decisions councils make if they have followed the right steps and considered the relevant evidence and information.
- We do not investigate every complaint we receive and while it is unfortunate that having attended the public consultation event in 2021 and having been sent at least seven letters about the changes, Ms X was unaware of the planned relocation of the bus stop, there is no evidence to suggest fault by the Council.
Final decision
- We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.
Investigator's decision on behalf of the Ombudsman