The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision not to provide home to school transport for his child.
There is not enough evidence of fault in the way the Council considered the matter to justify an investigation.
The complaint
Mr X complains the Council rejected his application and subsequent appeals for home to school transport for his child, Y, who has Special Educational Needs (SEN).
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)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X appealed the Council’s decision to refuse to provide free home to school transport for his child, Y.
The Council held an appeal hearing, which Mr X attended. As part of its decision making, the evidence shows the appeal panel considered Y’s SEN and supporting information provided by Mr X, Y’s school and information within Y’s Education Health and Care plan.
The panel decided it could not uphold the appeal. The decision letter to Mr X stated Y did not meet the distance or mobility criteria to qualify for home to school transport. It said there was insufficient evidence that Y’s SEN prevented them from walking to school accompanied by an adult.
The appeal panel found that the Council had correctly applied the Home to School Transport Policy.
We will not investigate this complaint as there is insufficient evidence of fault. The Council considered the relevant information, and its decision appears in line with its policy. The Ombudsman cannot question or criticise the outcome of a council’s decision provided the council has acted without fault in making this decision. Although I accept Mr X disagrees with the decision, there is no evidence of fault in how it was reached. 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 there is insufficient evidence of fault by the Council to warrant an investigation.
Investigator's decision on behalf of the Ombudsman