Summary: The Ombudsman will not investigate Ms X’s complaint about the Council’s decision not to provide her daughter with free transport to school. This is because the complaint is late and there are no good reasons for the Ombudsman to exercise its discretion to investigate.

The complaint

1. Ms X complains about the Council’s decision not to provide her daughter with free transport to school. She says information on the Council’s website shows her address to be in the school’s catchment area. The Council says this does not mean she is entitled to free transport. It only provides free transport if a child attends the nearest school to her home address. Ms X’s child does not attend this school.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I considered Ms X’s complaint to the Ombudsman and the information she provided. I also gave Ms 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. The Council rejected Ms X’s original application and appeal for transport in 2015. It dealt with her stage 2 appeal in March 2017.
6. The Ombudsman normally expects people to complain to us within twelve months of them becoming aware of a problem. We look at each complaint individually and on its merits, considering the particular circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are clear and compelling reasons to do so. I do not consider that to be the case here. I see no reason Ms X could not have complained much earlier, and so the exception at paragraph 2 applies to her complaint.

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Final decision

7. The Ombudsman will not investigate Ms X’s complaint. This is because the complaint is late and there are no good reasons for the Ombudsman to exercise its discretion to investigate.

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Investigator's decision on behalf of the Ombudsman