Summary: Mr X complains the Council has not taken action to address bus fumes which are affecting his business and his health. We will not investigate the complaint because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

The complaint

1. The complainant, who I refer to as Mr X, says the Council has not taken action to move the temporary bus stop away from his business. He says the bus stop is affecting his business and his health because of the fumes, particularly from idling buses.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I gave Mr X the opportunity to comment on my draft decision and considered what he said.

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My assessment

6. Due to a partial road closure for construction work, the Council relocated two bus stops to temporary locations so that they could continue to be used safely. Unfortunately, one of the temporary stops is outside Mr X’s business.
7. He complained to the Council about the impact the fumes, particularly from idling buses, were having on his health and his business as he has had to have the door open for maximum ventilation during the pandemic.
8. The Council responded to Mr X to explain why it had had to relocate the bus stops and the safety factors that had to be considered. It explained that generally buses can stop anywhere the driver feels it is safe to do so and therefore, even if the Council moved or relocated the temporary stop, the buses could continue to set down and pick up passengers from the location. It acknowledged the inconvenience and current difficulties for Mr X but explained it could not move the stop at the present time unless the construction site also moved. However, it said it would ask the bus operators to remind their drivers to switch off engines when stopped.
9. While I understand the Council’s response is very disappointing for Mr X, an investigation by the Ombudsman would be unlikely to add to what he has already been told by the Council or lead to a different outcome.
10. In responding to my draft decision Mr X says a visit to his business and a review of his photos and videos would show how he is affected. However, the impact on him is not disputed but what we consider is whether there has been fault by the Council which has caused injustice. It is most unfortunate that construction works have meant for safety reasons the bus stops have had to move and the Council has explained why the stops were relocated as opposed to removed. It is not our role to question decisions made by councils if they have followed the proper procedures and considered the relevant information and evidence and I have seen no evidence to suggest fault affected the Council’s decision here.

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Final decision

11. We will not investigate this complaint. This is because an investigation is unlikely to add to that already carried out by the Council or lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman