The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to award Miss X’s child Y home to school transport. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
Miss X complained the Council would not provide home to school transport for her child Y.
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 or continue 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 Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained to the Council after she applied for home to school transport on behalf of her child Y and it declined her application. She said Y suffered with anxiety and could not be expected to use public transport. She also said Y had previously benefited from home to school transport when attending a different school.
The Council heard Miss X’s statements at an appeal panel and considered supporting information she provided which included Y’s medical information. The panel found that Y lived within statutory walking distance and did not have reduced mobility. The Council held no record of providing Y with home to school transport previously and maintained that Y was not eligible for travel assistance.
Miss X remains unhappy with the Council’s decision and wants us to find the Council at fault. The Ombudsman cannot criticise the outcome of a council’s decision provided it has made it in line with the correct process. The evidence shows the Council has considered Miss X’s evidence in line with its policy and decided Y is not eligible for home to school transport. The Council has taken Miss X through its appeals process and maintained its decision. There is no evidence of fault in the way the Council made its decision. An investigation into this matter would therefore be unlikely to result in finding fault on the Council’s part.
Final decision
We will not investigate Miss X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman