Bury Metropolitan Borough Council (22 012 646)
Category : Education > School transport
Decision : Closed after initial enquiries
Decision date : 13 Jan 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about school transport arrangements for the complainant’s daughter. This is because it is unlikely our intervention would lead to a different outcome.
The complaint
- The complainant, who I will refer to as Ms X, complains that the Council has failed to respond reasonably to her complaint about school transport arrangements for her daughter.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X’s daughter travels to school on a bus with an escort provided by the Council. Ms X complained to the Council about a number of issues with the escort, who she alleged was “targeting” her daughter and failing to protect her welfare. The Council considered a specific incident Ms X raised as a safeguarding matter.
- Ms X complains that the Council failed to respond reasonably to her concerns. She says her daughter was unable to access transport for over a week and that she and her daughter were caused distress. She believes the Council should compensate her.
- We will not investigate Ms X’s complaint because it is unlikely we would be able to add anything significant to the responses the Council has already made, or that our intervention would lead to a different outcome. The Council has provided clarity regarding the role of the escort and its expectations. Regarding the safeguarding matter, it decided that the escort should undergo retraining but would not be removed from the route.
- While the Council’s response to Ms X’s complaint may not meet her expectations, that does not mean it amounts to fault. The Council has considered the matters Ms X raised and made a reasonable and defensible response. There are no grounds for the Ombudsman to intervene to substitute an alternative view.
Final decision
- We will not investigate Ms X’s complaint because it is unlikely our intervention would lead to a different outcome.
Investigator's decision on behalf of the Ombudsman