Summary: We will not investigate Miss X’s complaint about the Council’s alleged failure to properly assess children with special educational needs receiving school transport. This is because we would be unlikely to provide a worthwhile outcome for Miss X.

The complaint

1. Miss X complained the Council failed to properly assess and safeguard children with special educational needs travelling on a school bus. She said her child Y, was hurt because of the Council’s actions.

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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:

• we could not add to any previous investigation by the organization.

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

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How I considered this complaint

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

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My assessment

5. Miss X complained to the Council after her child Y was kicked by another child whilst travelling together on school transport. Miss X said the Council had neglected Y’s special educational needs by failing to make sure he was seated next to an adult and placing the children on a bus with an inappropriate seating layout.
6. In response to Miss X’s complaint, the Council contacted its transport contractor and arranged to change the bus used to pick up Y. The Council also arranged for the child involved in the dispute to be placed on another bus. The Council confirmed there have been no other issues reported since it took this action.
7. Miss X wants us to find the Council at fault for failing to meet the special educational needs of the children travelling on the bus. The Council responded to the complaint by taking proportionate measures to prevent the issue reoccurring and the Council has confirmed it has not experienced any further issues. These were reasonable and proportionate actions for the Council to take in response to Miss X's complaint, therefore we could not add to its investigation.

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Final decision

8. We will not investigate Miss X’s complaint because we would be unlikely to provide a worthwhile outcome for Miss X.

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Investigator's decision on behalf of the Ombudsman