Summary: We will not investigate this complaint about the Council’s decision to install a bus stop outside Mr X’s property. This is because there is insufficient evidence of fault by the Council.

The complaint

1. Mr X complains about the Council’s decision to install a bus stop outside his property without consultation or consideration of the impacts of the route. He said access to his property has been blocked several times, it has increased congestion outside his property and increased conflict due to restricted parking.
2. Mr X wants the Council to re-route the bus service, place the bus stop elsewhere and remove the tail stop.

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The Ombudsman’s role and powers

3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about the installation of the bus stop. He said there had been no consultation and raised concerns about safety, traffic, noise, litter, obstruction to driveways, loss of privacy and limited space.
7. The Council investigated Mr X’s complaint. It said it had no legal duty to consult, although it would usually notify residents and apologised that Mr X had not been told. It said the stop was positioned as a tail stop to maintain access to his property. It also said the hourly service was unlikely to cause significant noise, litter or additional traffic, and there was unlikely to be any loss of privacy because of the hedge and distance from the road. The Council said any obstruction to Mr X’s access once the stop was operational could be reported to its enforcement team.
8. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council. The Council considered his concerns and was entitled to reach its decision. It had no duty to consult and has apologised for not notifying him. There is nothing further we could achieve.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman