Leicestershire County Council (20 008 678)
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about the Personal Transport Budget paid by the Council toward the cost of transporting her daughter to school. This is because the Council has now offered a higher payment which Mrs X says she is happy with. An investigation by the Ombudsman could not therefore achieve anything more.
The complaint
- The complainant, whom I shall call Mrs X, complains about the Personal Transport Budget (PTB) paid by the Council toward the cost of transporting her daughter to school.
The Ombudsman’s role and powers
- 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 could add to any previous investigation by the Council, or
- it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- 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.
What I found
- Mrs X’s daughter qualifies for free transport to school. Mrs X transports her daughter to school and the Council pays a PTB toward the cost of transport.
- Mrs X asked the Council to increase the PTB. It initially refused but has now agreed to pay an amount Mrs X considers acceptable. It is therefore difficult to see what more an investigation could achieve and so we will not investigate her complaint.
- Mrs X is also concerned she will have to reapply for transport next year and is worried the Council might offer a lower PTB. We cannot investigate complaints about something which has not yet happened. But, if Mrs X had concerns with the PTB offered, and the way the Council dealt with her application and any subsequent appeal, she could make a fresh complaint to the Ombudsman.
Final decision
- We will not investigate Mrs X’s complaint. This is because Mrs X is now happy with the Council’s actions and it is difficult to see what more we could achieve for her.
Investigator's decision on behalf of the Ombudsman