The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about school transport because there is not enough evidence of fault to justify an investigation.
The complaint
Ms X complains the Council refused her application and appeal for free home to school transport for her children. She is unhappy with the Council’s handling of her appeal.
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I have carefully considered everything Ms X said, although I have not included every detail here. I have included as few details as possible to protect the anonymity of Ms X and her children.
The Council refused Ms X’s application because her children do not attend the nearest suitable school. Ms X appealed the Council’s decision and explained why she does not consider the nearest school to be suitable. Her appeal was unsuccessful. Unhappy with the outcome, and the Council’s handling of her appeal, Ms X complained to us.
We are not another appeal. We do not decide whether the Council should provide transport for Ms X’s children to the school of her choice. Our role is to check the Council made its decision properly. We cannot question council decisions unless there is evidence of fault which calls them into question, no matter how strongly Ms X disagrees.
There is not enough evidence of fault to justify an investigation.
Final decision
We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman