Summary: The Ombudsman does not propose to investigate Miss X’s complaint about the Council’s handling of her application for school transport. This is because the complaint is late, and if Miss X wanted to challenge the decision not to provide transport, it was reasonable for her to use the Council’s own appeals process.

The complaint

1. The complainant, whom I shall call Miss X, complains about how the Council has dealt with her application for school transport.

Back to top

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 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 would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

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

Back to top

What I found

5. In June 2018, Miss X applied for free school transport for her daughter. The Council refused Miss X’s application because her daughter was not attending the closest school to home. Miss X has complained to the Council because she discovered the Council’s transport contractor had been given a list which contained her daughter’s name. In its responses to Miss X’s complaints, the Council said her daughter’s name was included “to assist with transport planning and to identify potential total numbers, including entitled and paying passengers.” It has confirmed that Miss X’s daughter is not eligible for school transport. In July 2019, the Council wrote to Miss X and said she could appeal its decision to an independent panel – a provision contained in its current transport policy.
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 circumstances of each case. But we do not exercise discretion to accept a late complaint unless there are good reasons to do so. I do not consider that to be the case here. I see no reason why Miss X could not have complained much earlier, and so the exception at paragraph 2 applies to her complaint.
7. But even if Miss X’s complaint was not late, we would not investigate. This is because the Council gave Miss X the opportunity to appeal its decision to an independent panel. We normally expect people to exhaust a council’s own complaints or appeals process before we will consider a complaint from them. If Miss X wants the Council to provide her daughter with transport to school, then I see no reason she should not use the appeal rights made available to her.
8. Miss X is also unhappy with how the Council has dealt with her complaint. But the Ombudsman will not investigate a council’s complaint handling if we are not going to investigate the issue which led to the original complaint. This is the case here.

Back to top

Final decision

9. The Ombudsman will not investigate Miss X’s complaint. This is because the complaint is late, and if Miss X wanted to challenge the decision not to provide transport, it was reasonable for her to use the Council’s own appeals process.

Back to top

Investigator's decision on behalf of the Ombudsman