The Ombudsman's final decision
Summary: We will not investigate this complaint about home to school transport for the complainant’s son. This is because it is unlikely we could add anything to the Council’s response or achieve the outcome the complainant wants.
The complaint
The complainant, whom I shall refer to as Mrs X, complained about the home to school transport for her son (Y) who has special educational needs. Mrs X raised concerns about the transport provided to Y over several terms. This includes the vehicles used and the other arrangements for her son, such as the use of a specialist harness. Mrs X says the Council wrongly told her Y’s transport would be stopping. Mrs X wants a commitment Y’s current transport arrangements will remain in place.
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: we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In its responses to Mrs X’s complaints the Council set out the actions it had taken to try and provide Y with suitable transport. It had provided transport by bus, shared taxi, solo taxi, and offered a personal budget. There are clear disagreements between Mrs X and the Council about what was said. This involves the operators responsible for transporting Y.
In response to our enquiries Mrs X said the current transport arrangements are going well. Mrs X is concerned though the Council might change Y’s transport arrangements. Mrs X wants these to continue.
Based on the evidence available it is clear Mrs X, and other parties, have spent much time working on Y’s transport. It is also good to hear the current transport is working.
We will not, however, investigate Mrs X’s complaint. This is because it is unlikely we could now add anything more to the Council’s responses. More importantly, we could not achieve what Mrs X wants. We cannot consider complaints about what might happen. We also could not tell the Council to continue with the current transport arrangements. Ultimately, that is a decision for the Council. Such decisions usually involve the Council’s procurement policies. But we do also normally expect parents to be involved in decisions about changes to SEN transport. We expect councils to take decisions based on the evidence available.
For the reasons set out above we will not therefore investigate. But if there were further changes to Y’s transport, then Mrs X could challenge them via the Council’s own processes. If unhappy with the outcome, she could come back to the Ombudsman, and we would consider a fresh complaint.
Final decision
We will not investigate Mrs X’s complaint. It is unlikely we could add anything to the Council’s response or achieve what Mrs X wants.
Investigator's decision on behalf of the Ombudsman