The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision not to provide school transport for his children following his house move because there is not enough evidence of fault to justify an investigation.
The complaint
Mr X complains the Council refused his application and appeal for home to school transport for his children.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X moved house. He applied for school transport so his children could continue to attend their existing school. The Council refused his application and appeal. Unhappy with the outcome, Mr X complained to us.
I have carefully considered everything Mr X said, although I have not included every detail here. I have included as few details as possible in my decision statement to protect the anonymity of Mr X and his children.
We are not another appeal. We do not decide whether the Council should provide transport for Mr X’s children. Our job is to check the Council made its decision properly. We cannot question decisions taken without fault, no matter how strongly Mr X disagrees.
The Council refused Mr X’s request because it had offered schools for the children closer to Mr X’s new home. Mr X chose not to accept the schools the Council offered because they were not as good as the school the children attend, and he does not want the children to go to two different schools.
An independent appeal panel considered Mr X’s arguments at the second stage of the Council’s appeals process. The panel was satisfied the Council had correctly applied its policy, and there were no exceptional circumstances to justify awarding transport outside the policy. The panel’s decision letter clearly records the reasons for the panel’s decision.
There is insufficient evidence of fault to justify an investigation by us.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman