The Ombudsman's final decision
Summary: We will not investigate Ms M’s complaint about post-16 transport for her son because it would be reasonable for her to use the Council’s appeals process. There is nothing worthwhile we could achieve by investigating Ms M’s complaint at this stage.
The complaint
Ms M complains the Council refused her request for transport assistance for her son. She says she often needs to make several return journeys each day to support him at 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: it would be reasonable for the person to ask for a council review or appeal; or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms M and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms M applied for transport assistance for her son. He attends a local college.
The Council refused Ms M’s application. The Council’s decision letter said Ms M could appeal the decision and provided a link to the Council’s appeals process.
The letter also said Ms M may be able to complain to us if she was unhappy with the process by which the Council had made its decision.
Ms M complained to us. She explained why she wanted the Council to provide transport assistance.
We do not decide whether the Council should provide transport assistance for Ms M’s son. This is the Council’s job. Ms M needs to use the Council’s appeals process. I consider it would be reasonable for her to do so. There nothing I could achieve by investigating Ms M’s complaint at this stage.
Ms M may complain to us again once she has completed the Council’s appeals process if she is unhappy with the outcome. The appeals process usually has two stages, and we would expect someone to use them both.
Final decision
We will not investigate Ms M’s complaint because it would be reasonable for her to use the Council’s education transport appeals process. There is nothing worthwhile we could achieve by investigating Ms M’s complaint at this stage.
Investigator's decision on behalf of the Ombudsman