The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about school transport 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 free home to school transport for his 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.
I considered the Ombudsman’s Assessment Code.
My assessment
I have carefully considered everything Mr X said, although I have not included every detail here. I have included as few details as possible to protect the anonymity of Mr X and his son.
The Council refused Mr X’s application because his son does not attend the nearest suitable school, and in any case, the school he chose is less than the statutory walking distance from his home. This is the distance the Government has decided a child of Mr X’s son’s age can walk to school.
Mr X appealed the Council’s decision. He explained why he chose the school and his concerns about his son walking to school. The West Yorkshire Combined Authority administered the appeal on behalf of the Council. Mr X’s appeal was unsuccessful. Unhappy with the outcome, Mr X complained to us.
We are not another appeal. We do not decide whether the Council should provide free transport for Mr X’s son. Our job is to check the Council made its decision properly. We cannot question council decisions made without fault, no matter how strongly Mr X disagrees.
There is not enough evidence of fault to justify an investigation.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman