The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to provide Mr X’s child with home to school transport. This is because an investigation is unlikely to find fault in the Council’s actions.
The complaint
Mr X complains about the Council’s decision not to provide home to school transport for his daughter, Y. He says it has failed to consider Y’s complex psychological and behavioural needs. Mr X says he cannot take Y to school himself as there are very few parking spaces near the 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 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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council after it refused his application for home to school transport for Y. He says Y has a phobia about public transport, causing anxiety. He says the school is two miles from home with no parking close by. He says therefore the only way to ensure Y’s wellbeing is for the Council to provide home to school transport by minibus.
The Council considered the information provided by Mr X at appeal and considered supporting information he provided. The Council found that Y lives within statutory walking distance and does not have reduced mobility. The Council maintains Y is not eligible for travel assistance.
Mr X remains unhappy with the Council’s decision. 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 Mr X’s evidence in line with its policy and decided Y is not eligible for home to school transport. Mr X has completed the Council’s appeal 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 Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s decision not to provide home to school transport for Y.
Investigator's decision on behalf of the Ombudsman