The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has not taken action regarding bus lane violations. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, complains the Council accepted there are problems regarding enforcement of a bus lane but has not taken any action as agreed. Mr X wants the Council to enforce the restrictions.
The Ombudsman’s role and powers
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the complaint correspondence and an update. I also considered our Assessment Code.
My assessment
Mr X complained to the Council in 2023 about delays in a bus lane caused by a lack of enforcement in respect of bus lane violations. In response the Council explained the action it had taken which included increasing the patrols in the area. It explained there was no CCTV and drivers often left before officers could issue fines. It explained it was reviewing what additional action it could take but it was likely to be a lengthy process as it has to follow legal processes.
In December the Council installed bus lane cameras which allows enforcement against drivers who use the bus lane during the hours of operation. It is also planning to install double yellow lines to prevent parking at any time.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. It has taken action and will continue to do so by installing double yellow lines. I appreciate Mr X may be delayed while travelling and may feel frustrated by the time taken to improve the enforcement action, but there is insufficient evidence of fault to require an investigation.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman