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 home to school transport for her son.
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 we 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 son.
The Council refused Ms X’s application because her son does not attend the nearest suitable school. Ms X does not agree.
We are not another appeal. We do not decide whether the Council should provide transport for Ms X's son. Our role is to check the Council made its decision properly. We cannot question Council decisions taken without fault, no matter how strongly Ms X disagrees.
Ms X’s son has an education, health and care (EHC) plan maintained by the Council. The plan says which school he will attend. The plan says it is not the nearest suitable school and his parents have accepted full responsibility for his school transport.
The Council considered Ms X’s appeal at both stages of its school transport appeals process. Ms X’s appeal was unsuccessful.
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