Durham County Council (25 016 780)
Category : Transport and highways > Street furniture and lighting
Decision : Closed after initial enquiries
Decision date : 22 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate Miss Y’s complaint about the length of the road markings for a bus stop. There is insufficient evidence of fault to warrant an investigation.
The complaint
- Miss Y complains the Council relocated a bus stop outside her house and later painted markings on the road which are too long. Miss Y says this restricts on-road parking so she must park on the grass verge which creates a muddy hazard.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council (Local Government Act 1974, sections 26B and 34D, as amended)
- 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Miss Y and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In 2023 the Council decided to re-locate a bus stop near Miss Y’s house. We normally expect people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually, and on its merits, considering the circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. Miss Y did not complain to the Ombudsman until 2025. It would have been reasonable for Miss Y to complain about the bus stop relocation sooner so we will not investigate this part of her complaint.
- In 2025 the Council added road markings around the bus stop. Miss Y says the road markings are too long, and this restricts on-road parking.
- The Council say the bus markings are the standard size in line with government guidance. The Council said its decision to add the markings was based on national safety principles for bus stop design and bus operations.
- There is not sufficient evidence of fault in the Council’s decision to add the road markings. The markings were designed in line with government guidance.
- We will not investigate Miss Y’s complaint about complaint handling. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
Final decision
- We will not investigate Miss Y’s complaint about the length of the road markings for a bus stop. There is insufficient evidence of fault to warrant an investigation
Investigator's decision on behalf of the Ombudsman