Summary: We will not investigate this complaint about home to school transport for the complainant’s son. This is because it would be reasonable for the complainant to complete the Council’s school transport appeal process.

The complaint

1. The complainant, who I will refer to as Mrs B, complains that the Council has provided unsuitable home to school transport for her son and has failed to resolve her complaint.

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs B’s son has special educational needs and an Education Health and Care Plan. The Council provides him with home to school transport. Mrs B says changes the Council has made to the arrangements have made the transport inappropriate for her son.
6. Mrs B made a formal complaint to the Council. After making an initial complaint response, the Council declined to respond further under the complaint procedure because Mrs B has access to the school transport appeal procedure.
7. The Ombudsman will not investigate this complaint. The officer review stage of the Council’s appeal procedure is now complete and Mrs B may ask for the matter to be considered by a panel of Council Members. Where such a process exists, the Ombudsman would expect it to be used. It would be reasonable for Mrs B to do so and we will not investigate her complaint.
8. If the Members’ panel makes an adverse decision and Mrs B remains aggrieved, she may choose to make a new complaint to the Ombudsman at that point.

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Final decision

9. We will not investigate Mrs B’s complaint because it would be reasonable for her to use the Council’s appeal process.

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Investigator's decision on behalf of the Ombudsman