Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s decision not to provide her son with transport to school. This is because the Council has agreed to consider if Mrs X’s application warrants an exception to its transport policy. At this stage, an investigation by the Ombudsman could not achieve anything more.

The complaint

1. Mrs X complains about the Council’s decision not to provide her son with free transport to school. The Council has refused Mrs X’s application because it is under three miles from her home to the school her son attends – this is less than the distance needed to qualify for free transport. Mrs X thinks the route to school is not safe – but the Council disagrees. As well as the safety of the route, Mrs X’s appeal contained other reasons why she thought the Council should provide her son with transport.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely further investigation will lead to a different outcome, or
• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended)

3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

5. In response to my enquiries, the Council said an independent panel had already considered an appeal from Mrs X. But the Council said the Panel had only considered the safety of the route from Mrs X’s home to her child’s school. It had not considered any of the wider issues raised by Mrs X in her appeal. The Council told me it was willing to consider if these issues warranted an exception to its home to school transport policy.
6. If the Ombudsman were to investigate Mrs X’s complaint, and find the Council to be at fault, it is possible we would recommend a fresh appeal. But the Council has already said it will consider the wider issues contained in Mrs X’s appeal. It is therefore unlikely an investigation by the Ombudsman could achieve anything more for Mrs X at this stage. If Mrs X’s appeal was to be successful, she could consider asking the Council to backdate her son’s eligibility to the date of the original appeal hearing.
7. If Mrs X is unhappy once the Council’s process is complete, she can make a fresh complaint to the Ombudsman. We could then properly consider if there was any fault in the way the Council considered her application and appeal for transport. This is not something we can do at the current time, and so an investigation by the Ombudsman is not appropriate.

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Final decision

8. The Ombudsman will not investigate Mrs X’s complaint. This is because an investigation by the Ombudsman could not achieve anything more for Mrs X at the current time.

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Investigator's decision on behalf of the Ombudsman