Summary: We will not investigate this complaint about the Council’s role in introducing a new bus route and responding to environmental and public safety concerns. This is because there is insufficient evidence of fault by the Council with respect to its role in ensuring adequate transport provision. We are also not the best placed body to consider conduct complaints about bus operators.

The complaint

1. The complainant (Ms Q) complains about the Council’s role in supporting a commercial bus service operating a new bus route along her residential road. She says the Council failed to consider local concerns when the route was first proposed. Further, Ms Q complains about a lack of action by the Council to tackle safety concerns relating to driver behaviour along the road.
2. In summary, Ms Q says the use of her residential road is resulting in poor traffic management and environmental problems. She says this is impacting on her health and prejudices public safely. As a desired outcome, Ms Q wants the Council to stop the bus operator from operating along her residential road.

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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 there is another body better placed to consider this complaint. (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. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has a role in ensuring adequate provision of public passenger transport services. In part, it provides funding to commercial bus operators to achieve. The Council’s has a responsibility to ensure public transport
6. Is appropriate to meet any public transport needs, including public conveyance. The Council must have regard to a combination of economy, efficiency and effectiveness when making decisions.
7. I recognise Miss K’s concerns the new bus route exacerbates traffic issues where she lives and is resulting in increased pollution and other public safety concerns. Further, I note she feels the Council has not properly considered concerns of local residents and is not taking action to address these now the bus service is in operation. However, the Council has given relevant reasons concerning why the bus route was considered suitable and appropriate to meeting the needs of the public. The Council refers to discussions with the commercial operator with respect to local concerns and that it has not identified any evidence of the road in question not being suitable for buses.
8. It should also be noted the bus operator has obtained a licence from the Traffic Commissioner to operate the route. Before granting a license, the Traffic Commissioner considers any representations by local landowners affected which concern matters such as noise, pollution or other environmental issues. The introduction of the bus route has therefore followed a licencing process which allows for local concerns to be raised and considered. As a licence has been granted by the Traffic Commissioner, and given the considerations made by Council, there is insufficient evidence in my view that the route is unsuitable. I have not therefore identified any fault by the Council with respect to the role it plays in ensuring adequate transport provision.
9. I have also considered Ms Q’s specific safety concerns about drivers mounting curbs and stopping in places other than designated bus stops. However, such concerns can be raised with the Traffic Commissioner which has responsibility for regulating bus service operators and taking action in response to licence conditions not being adhered to. The Traffic Commissioner is the appropriate regulatory body to deal with these complaints and it is not the role of the Ombudsman to determine and remedy the concerns raised.

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Final decision

10. We will not investigate this complaint. This is because there is insufficient evidence of fault by the Council with respect to its role in ensuring adequate transport provision. We are also not the best placed body to consider specific conduct complaints about bus operators.

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Investigator's decision on behalf of the Ombudsman