The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s refusal to provide home to college transport for her child aged over 16. It is unlikely we would find fault.
The complaint
Mrs X says the Council should provide free home to school transport for B.
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 Mrs X which included the Council’s appeal decision on her application.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X applied for home to school transport for B to attend a post 16 placement. B has an Education Health and Care Plan (EHC Plan). The Council refused. She requested a review and then an appeal. The Council still refused. It said it had considered if it was reasonable for B’s family to take them to the placement. It had decided it was.
Mrs X says this is unfair. She says she has a motabilty car and the daily drive to college is adversely affecting her health and her younger child.
The Council only has to provide transport if it is necessary. The Council has applied its policy and appeals’ procedure. Its decision is in line with its policy. It has demonstrated it has considered the reasons Mrs X gave for needing the transport and decided it was not reasonable to provide it. It is unlikely we would find fault in its decision.
Final decision
We will not investigate Mrs X’s complaint because it is unlikely we would find fault.
Investigator's decision on behalf of the Ombudsman