The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to withdraw post 16 travel assistance. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
Miss X complained the Council’s new transport policy means her child is unable to go to college.
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 Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained to the Council about its new policy not to provide actual transport for post 16’s with special educational needs. The Council said it was not required to provide transport for this age range, but it went on to offer Miss X a personal travel budget, which she accepted.
Miss X is unhappy with the Council’s policy and wants us to find it at fault. The Council has discretion to set its own arrangements for post 16 transport providing it has a transport policy which shows regard for those who cannot access education without assistance.
The Council has published its policy, which makes allowances for personal travel budget and mileage allowances for eligible post 16’s. This is in line with what is required of the Council. An investigation into this matter would not be likely to find fault with the Council’s actions.
Final decision
We will not investigate Miss X’s complaint because an investigation is unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman