The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to remove the complainant’s son’s entitlement to school transport. Our intervention would not lead to a different outcome and is not therefore warranted.
The complaint
The complainant, Ms X, complains that the Council made a flawed decision to remove her son’s entitlement to post-16 Special Educational Needs and Disability (SEND) transport.
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 investigation would not lead to a different outcome. (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
Ms X’s son has an Education Health and Care plan. Ms X’s complaint concerns the Council’s decision to remove his entitlement to post-16 SEND transport and refuse her subsequent appeal against the decision.
In her complaint to the Ombudsman, Ms X stated that the outcome she was seeking was that her son’s entitlement to school transport was reinstated. The Council has now confirmed that it has done so, and that it has offered Ms X a payment of £200 in recognition of its initial failure to respond to her complaint.
Although the Council did not uphold Ms X’s complaint about its decision to remove school transport, it has since overturned the decision. Therefore, the outcome Ms X was seeking has been achieved. That being the case, there are insufficient remaining grounds for the Ombudsman to investigate. Our intervention would not lead to a different outcome and is not therefore warranted.
Final decision
We will not investigate Ms X’s complaint because investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman