The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to reject Mr X’s application and appeal for school transport for his child. This is because there is not enough evidence of fault by the Council to justify our involvement.
The complaint
Mr X complained the Council rejected his application and subsequent appeal for school transport for his child (Y).
Mr X said this impacts his family as it would be dangerous for Y to walk to school and it is not possible for anybody else to transport 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)) 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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained the Council rejected his application for Y to have school transport. Mr X appealed the decision which was also rejected.
The Council rejected the application and subsequent appeal on the basis Y did not meet the walking distance criteria. The Council also said Y does not have any physical, health or mobility issues that would prevent them from travelling to school accompanied by an adult.
We will not investigate this complaint because there is not enough evidence of fault by the Council in their decision making. The Council records show it considered the information Mr X told it, and was following its policy, therefore the information available does not suggest any fault in the way the Council came to its decision.
The Ombudsman is not an appeals body and therefore we can only look at how the Council reached its decision. It is not for us to decide whether school transport should be provided.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman