London Borough of Havering (22 017 123)
Category : Education > School transport
Decision : Closed after initial enquiries
Decision date : 12 Apr 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about post-16 transport for Miss X’s son. This is because the Council has offered to re-consider her request for transport at the second stage of its appeals process. It is reasonable for Miss X to use this appeal right.
The complaint
- The complainant, whom I shall refer to as Miss X, complained about the post-16 transport offered to her son (Y). Miss X wants the Council to provide a taxi, but it has so far refused.
The Ombudsman’s role and powers
- 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 an organisation review or appeal.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Y is in post-16 education and has special educational needs. Miss X asked the Council to provide Y with a taxi to college. The Council refused and instead offered a petrol allowance. After the Council refused Miss X’s request for transport, she followed the Council’s appeals and complaints processes.
- In its response to Miss X’s complaint, the Council offered to re-consider her request at stage 2 of its appeals process. It provided a list of suggested information Miss X could provide in support of her appeal. In response to our enquiries, the Council repeated this offer.
- We will not therefore investigate Miss X’s complaint. This is because it is reasonable for Miss X to submit a fresh stage 2 appeal to the Council. If Miss X remained unhappy with how the Council had considered her application and appeals, she could make a fresh complaint to the Ombudsman. We could then decide if an investigation was appropriate.
Final decision
- We will not investigate Miss X’s complaint because it is reasonable for her to submit a fresh stage 2 appeal to the Council.
Investigator's decision on behalf of the Ombudsman