Summary: We will not investigate this complaint about the Council’s decision not to arrange transport for Mr X’s child to attend specialist provision. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the Council will not agree to provide a taxi for his child Y to attend specialist provision at a day centre.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s child Y has been assessed as requiring specialist provision at a day centre several times a week. Mr X complained to the Council that he was unable to transport Y to the provision because he is disabled, and he wanted the Council to arrange a taxi to transport Y.
6. The Council told Mr X that as he has a state funded vehicle which has been specially adapted to meet Y’s needs, it would not provide a taxi but it offered to provide carers to take Y in the vehicle or to increase Y’s care package.
7. Mr X was not willing to accept this because he was concerned about infection, and it was not convenient for him and his partner to lose access to the vehicle. Mr X appealed the Council’s decision, and it maintained its position but advised it would review Y’s care package and refer Y to an occupational therapist to determine whether more support was needed. Mr X referred the complaint to the Ombudsman as he was unhappy with the Council’s decision.
8. The evidence shows the Council has attempted to support Mr X in transporting Y to the provision through offering to increase Y’s care package and arranging for carers to transport Y. The Council has explained that because Mr X benefits from a state funded vehicle meant specifically to transport Y to and from locations, that it is reasonable this vehicle be used to take her to the provision. There is no fault in the Council’s decision making. An investigation into this matter would therefore be unlikely to result in a finding of fault on the Council’s part.

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Final decision

9. We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman