Leicestershire County Council (20 007 104)

Category : Education > School transport

Decision : Not upheld

Decision date : 30 Mar 2021

The Ombudsman's final decision:

Summary: Mrs X complains that the Council wrongly refused her child a fare-paying place on a school bus. Mrs X’s child now has a place on the bus. We have discontinued out investigation because it is unlikely further investigation would lead to a different outcome.

The complaint

  1. Mrs X complains that the Council wrongly refused her child a fare-paying place on a school bus.

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The Ombudsman’s role and powers

  1. 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

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

  1. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

  1. I spoke to Mrs X about the complaint and made written enquiries of the Council.
  2. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

  1. Mrs X complained to the Council because it refused her child a place on a school bus for the school year beginning September 2020.
  2. Mrs X’s child is not entitled to free school transport. Mrs X applied for a fare-paying place. The Council allocates any available fare-paying places on the bus on a first come first serve basis.
  3. The Council initially refused a place. However, when the Council reviewed the service in October, there were places available.
  4. Mrs X’s child now has a place on the bus.
  5. Since this is the outcome Mrs X sought from her complaint, there is nothing to be gained by the Ombudsman continuing to investigate.

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Final decision

  1. I have stopped investigating this complaint. It is unlikely an investigation would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman

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