Summary: The Ombudsman will not investigate Mr X’s complaint that the Council is at fault in refusing his application and appeal for a financial contribution towards the cost of transporting his daughter to school. It is unlikely we would find fault on the Council’s part.

The complaint

1. Mr X complains the Council is wrong to refuse to contribute towards the cost of transporting his daughter to school.

Back to top

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 we would find fault.

(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)

Back to top

How I considered this complaint

4. I have considered the information provided by Mr X and the appeal documents provided by the Council.

Back to top

What I found

5. Mr X’s daughter, Y, has significant disabilities. She has 2 carers to help her get ready for school. They go with her to school and remain with her throughout the day, including the return journey home.
6. Y uses an electric wheelchair. Mr X has a van which is adapted to accommodate the wheelchair. He drives his daughter and the carers to and from school each day.
7. Mr X applied to the Council for financial help with the cost of transporting Y to and from school.
8. The Council applied its school transport policy and refused his application.
9. Councils have discretion available to them when considering requests for school transport. They must have review and appeal process through which unsuccessful applicants may challenge an adverse decision. Mr X used his right to appeal. He asked the Council to use its discretion to provide financial help.
10. Mr X attended the appeal hearing via Zoom and made his case to the panel. The Panel considered his case and the case made by the Council. It noted Mr X’s statement that it is in his daughter’s best interest that he takes her to and from school in his adapted van. It also acknowledged the difficulties he experienced in juggling the school journey with his work commitments. However, it decided that Mr X circumstances were not so exceptional as to warrant providing financial assistance.
11. Mr X believes that appeal panel was at fault in refusing his appeal. He wants the Council to acknowledge the financial cost in transporting his daughter to and from school even though it is less than 0.3 miles from home.
12. The Ombudsman does not intend to investigate Mr X’s complaint. Mr X disagrees with the decision the panel has made but that is not evidence of fault on the panel’s part. The evidence shows that Mr X could make his case in writing and in person and the Council considered it. There is no suggestion of fault in the way in it did so. Appeal panels are entitled to make their own judgements on the evidence before them. The Ombudsman cannot criticise a decision which is properly made or intervene to substitute an alternative view.

Back to top

Final decision

13. I will not investigate this complaint. We are unlikely to find fault in the way the Council considered his application for assistance with transporting his daughter to and from school.

Back to top

Investigator's decision on behalf of the Ombudsman