Summary: Mr X complained the Council wrongly refused his request for home to school transport for his child. I have ended our investigation into this this complaint. This is because the Council has since changed its decision and is now providing Y with home to school transport.

The complaint

1. Mr X complained the Council had wrongly refused his request for home to school transport for his child.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

3. 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

4. I read Mr X’s complaint and spoke with him about it on the phone.
5. I considered information provided by the Council.
6. Mr X and the Council had the opportunity to comment on the draft decision. I considered comments received before making a final decision.

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What I found

7. Mr X’s child, Y, has Special Educational Needs (SEN). In June 2021, Mr X applied to the Council for home to school transport for his child.
8. The Council refused his application. Mr X appealed the decision during July, but the Council did not change its decision. Mr X remained unhappy and brought his complaint to us.
9. We told the Council we intended to investigate Mr X’s complaint in September 2021.
10. In October 2021, the Council reviewed its decision. It agreed to provide transport for Y and wrote to Mr X to confirm this decision. Y started to received home to school transport the same month.

Analysis

11. Since Mr X brought his complaint to us, the Council has reversed its decision and is now providing home to school transport for Y. This is the outcome Mr X sought. Further investigation by us could not achieve anything further.
12. Although Mr X had to take Y to school from September to October before the Council started providing the transport, the journey from home to Y’s school was less than three miles and it was only for a few weeks. I do not consider this significant enough injustice to warrant further investigation.

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Final decision

13. I have ended my investigation. Further investigation would not lead to a different outcome or achieve anything further.

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Investigator's decision on behalf of the Ombudsman