The Ombudsman's final decision
Summary: We will not investigate this complaint about the application of the Council’s school transport policy. This is because there is no evidence of fault on the Council’s part.
The complaint
The complainant, who I will refer to as Mr B complains that the Council has been at fault in the application of its school transport policy.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B’s children attend a school in the Council’s area. One has been granted funded home to school transport. Mr B applied for a concessionary seat for another child on the same transport. He says the Council declined because the available places had been taken up by pupils awarded funded transport.
Mr B complains that, on the face of it, the Council has awarded funded transport to some pupils who do not qualify. He wants the Council to review the awards it has made and, where appropriate, withdraw the funded places.
The Ombudsman will not investigate Mr B’s complaint because there is no evidence of fault on the Council’s part. Mr B is not in a position to know the basis on which the Council is providing transport assistance for any third party and the Council would be unable to share this information with him. In the absence of evidence of fault, there are no grounds for us to investigate the complaint.
Final decision
We will not investigate Mr B’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman