The Ombudsman's final decision
Summary: We will not investigate this complaint about the payment of school transport for Ms X’s child. There is not enough evidence of fault by the Council to warrant our further involvement.
The complaint
Ms X complained the Council retroactively applied a policy for the payment of special educational needs transport costs by refusing to pay when she used a family member to transport her child to school. She said it was wrong to require her to produce receipts.
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council agreed to pay Ms X a monthly sum for her to arrange transport for her child to a special school. However, it declined to pay her when she used an adult child to provide the transport after the child was unable to tolerate a taxi service.
I note the Council, in responding to her complaint, stated its policy at the start of the school year did not state receipts would be required. I also note its new policy does not state they will always be required.
However, it is reasonable for the Council to ensure that public funds are properly spent, and the Council had agreed to pay the costs of transport charged by providers Ms X engaged. It would be entitled to ask for receipts in cases of doubt. Transport provided by family members, who are not providers of home-to-school transport employed by a parent, would typically attract a lower mileage allowance instead, if approved by a council. I note the Council stated it paid all the amounts for which Ms X had receipts, and also un-receipted amounts supported by her bank details. I also note the Council stated it did not seek the repayment of a surplus left in Ms X’s account of more than £500 in the first month.
Were we to investigate, it is unlikely we would find the Council should have agreed to pay transport costs to members of Ms X’s family as if they were registered providers.
Final decision
We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council to warrant this.
Investigator's decision on behalf of the Ombudsman