The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about the Council’s decision to refuse her application and appeal for free school transport for her child. This is because there is not enough evidence of fault by the Council to warrant investigation by us.
The complaint
Mrs X complains the Council incorrectly refused free school transport for her child, Y, who has special education needs. She says the panel did not consider Y’s Education and Health Care Plan, Mrs X’s own medical condition and her family’s financial position. Mrs X says this has caused her significant emotional and physical distress and wants the decision reviewed.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X appealed the Council’s decision to refuse to provide free home to school transport for Y.
The Council held an appeal hearing, which Mrs X attended. As part of its decision making, the evidence shows the appeal panel considered supporting information provided by Mrs X, a letter from Y’s school and information within Y’s Education Health and Care Plan. The appeal panel also considered updated financial information from Mrs X regarding the family’s financial position. Mrs X asked the appeal panel to consider her own medical condition however it appears no evidence was submitted by Mrs X to support this which the appeal panel considered she had sufficient opportunity to do.
The panel decided to reject Mrs X’s appeal stating her child did not qualify for free home to school transport. It said there was insufficient evidence Mrs X’s child’s needs or Mrs X’s own medical needs prevented Y from walking to school accompanied by an adult.
The appeal panel found that the Council had correctly applied the Home to School Transport Policy.
We will not investigate this complaint as there is insufficient evidence of fault by the Council to warrant an investigation by us. The Council considered the relevant information, and its decision appears in line with its policy. Although Mrs X disagrees with the decision, the Ombudsman cannot question or criticise the outcome of a council’s decision provided the council has acted without fault in making this decision. There is no evidence of such fault in this matter.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault to warrant an investigation by us in this matter.
Investigator's decision on behalf of the Ombudsman