The Ombudsman's final decision
Summary: We will not investigate this complaint about a driver from a private bus company abusing Mr X. This is because there are other bodies better placed to consider the complaint. In addition, there is insufficient evidence of fault by the Council to justify an investigation.
The complaint
Mr X complains about a driver from a private bus company abusing him. He says the Council has not punished the bus company and the police have covered the incident up.
The Ombudsman’s role and powers
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 there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains about an incident that happened between him and a bus driver. He says the bus driver has continued to abuse him. The bus driver works for a private bus company. The bus company is on the Council’s list of providers.
The police investigated the incident and gave the bus company suitable advice. The Council considered Mr X complaint but is satisfied the bus company has taken the advice on board and taken appropriate management action. The Council decided to take no further action against the bus company.
The Council is not responsible for the bus company or its employees. Therefore, it cannot take disciplinary action against the bus driver. As the bus company is a provider for the Council, it was appropriate for the Council to review the outcome of the police’s investigation to decide whether to continue its professional relationship with the bus company. While we acknowledge Mr X is unhappy with the Council’s decision to take no further action, it is a decision it is entitled to make.
If Mr X is unhappy with the outcome of the police’s investigation, he should make a complaint to the police force which completed the investigation. If he is unhappy with their response, he can make a complaint to the Independent Office for Police Conduct. Further, it is open to Mr X to make a complaint to the bus company.
Final decision
We will not investigate Mr X’s complaint because there are other bodies better placed to consider the complaint. In addition, there is insufficient evidence of fault by the Council to justify an investigation.
Investigator's decision on behalf of the Ombudsman