Summary: We will not investigate this complaint about a bus shelter and the Council’s response. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains the Council will not install a bus shelter or move a bus stop. The bus stop is outside Mr X’s home and he says people engage in anti-social behaviour while waiting. Mr X wants the Council to install a shelter or move the 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 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))

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. There is a bus stop outside Mr X’s home. Mr X says people sit on his wall and engage in anti-social behaviour such as littering. Mr X contacted the Council in 2021 explaining the problems and asking for a shelter to be installed or the bus stop moved.
5. Highways engineers inspected the site in 2021 and 2022. On both occasions they established it was not possible for the stop to be relocated and found the pavement is not wide enough for a shelter. The Council explained the reasons and repeated its position in 2024 after further contact from Mr X.
6. Mr X disagrees with the Council’s response and complains of poor communication from the Council.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council responded correctly by arranging for engineers to assess the site. I appreciate Mr X disagrees with the outcome, but it is not fault for a council to accept the professional judgment of engineers. We cannot ask the Council to make a different decision when that would be contrary to the professional advice. In addition, we are not an appeal body and we cannot intervene unless there is evidence of fault.
8. Mr X also complains of poor communication by the Council. I appreciate this may have been frustrating but it is not a good use of public resources to investigate complaints about complaint procedures, when we have decided not to investigate the substantive issue.

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Final decision

9. We will not investigate tis complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman