The Ombudsman's final decision
Summary: We will not investigate Ms M’s complaint about school transport for her daughter because there is not enough evidence of fault to justify an investigation, and we cannot achieve the outcome she wants.
The complaint
Ms M complains the Council refused her application for a bus pass for her daughter’s home to school 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: there is not enough evidence of fault to justify investigating, and we cannot achieve the outcome someone wants.
(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 M applied for a bus pass for her daughter’s home to school transport. Her application and subsequent appeal were unsuccessful.
Ms M complains the Council failed to take account of her daughter’s exceptional circumstances. I have not included the details her to ensure her anonymity.
We do not decide whether the Council should provide a bus pass for Ms M’s daughter. This is the Council’s job. Our role is to check the Council made its decision properly. We check the Council followed relevant legislation, Government guidance and Council policies, and took account of all relevant evidence. We cannot question Council decisions made without fault, no matter how strongly Ms M disagrees. We are not another appeal.
The Council sent me the papers from Ms M’s application and appeal.
I can see the Council declined Ms M’s application and subsequent appeal because her daughter does not attend the nearest suitable school, and in any case the school she attends is less than the statutory walking distance from Ms M’s home. This is the distance the Government has decided it is reasonable to expect children to walk to school, accompanied if necessary.
There is not enough evidence of fault to justify an investigation.
Final decision
We will not investigate Ms M’s complaint because there is not enough evidence of fault to justify an investigation, and we cannot achieve the outcome she wants.
Investigator's decision on behalf of the Ombudsman