The Ombudsman's final decision
Summary: Miss X complained about the Council’s decision not to provide her daughter with post-16 transport to school. We will not investigate her complaint. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council to warrant an investigation.
The complaint
The complainant, Miss X, complained the Council would not provide her daughter with post-16 transport to school.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has explained to Miss X it provides post-16 transport to school if a student is attending their nearest school or college and it is over three miles. It has measured the distance from Miss X’s home to her daughter’s school and the distance is less than three miles. The Council has explained how it measures distances from home to school.
The Council has also considered Miss X’s appeals in line with its published process. It considered the information she provided and decided her original application had been properly considered. The Council explained to Miss X why her daughter previously qualified for school transport. It explained why that does not apply now she is in post-16 education. The Council decided at the final stage of its appeal process there were no exceptional reasons to provide transport.
We are not a right of further appeal and cannot question decisions which have been properly taken. I understand Miss X is disappointed with the Council’s decision. But it has applied its published policy, considered Miss X’s appeals, and reached a decision it is entitled to take. The Council has explained its decision to Miss X.
There is not enough evidence of fault by the Council in how it considered Miss X’s application and appeals to warrant further consideration by the Ombudsman. We will not therefore start an investigation into her complaint.
Final decision
We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman