The Ombudsman's final decision
Summary: We will not investigate this complaint about the authority’s refusal to move a bus stop from outside Mr X’s home so that he can construct a vehicle crossing. There is insufficient evidence of fault which would warrant an investigation.
The complaint
Mr X complained about the authority’s refusal to move a bus stop form outside his home. he says that it is obstructing his access and he wants to have a dropped kerb but cannot exit over a bus stop.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered the information provided by the complainant and the Authority.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X bought his home in 2020. He has built a concrete driveway but there is no dropped kerb extending in front of it. There is a bus stop in front of the property which is marked as a box on the highway and there is a stop pole and parking restriction sign in front of his access. Mr X asked Transport for London to move the bus stop site further along the road so he can have a dropped kerb.
The authority says the bus stop has been in existence since 2008. It does not consider that there is a suitable alternative location nearby for the stop due to safety reasons. It told Mr X that he must have been aware of the presence of the bus stop when he considered purchasing the property in 2020.
Mr X needs to apply to the local highway authority which is the London Borough of Bexley to obtain permission to cross the footway so that it can construct a dropped kerb for the full frontage of his property. Without this permission he cannot cross the footway in front of his house. The Council will take into account any infrastructure already in place when it considers his application.
The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether someone disagrees with the decision the organisation made.
In this case the authority has explained to Mr X why it does not believe the bus stop should be moved.
Final decision
We will not investigate this complaint about the authority’s refusal to move a bus stop from outside Mr X’s home so that he can construct a vehicle crossing. There is insufficient evidence of fault which would warrant an investigation.
Investigator's decision on behalf of the Ombudsman