Summary: We will not investigate this complaint about the Council’s refusal of the complainant’s application for school transport assistance for her son. This is because it would be reasonable for her to pursue the matter through the Council’s school transport appeal procedure.

The complaint

1. The complainant, who I will refer to as Mrs Z, complains that the Council failed to properly consider her application for school transport assistance for her son.

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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 an organisation review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mrs Z says her son has a diagnosis of Autistic Spectrum Disorder (ASD). She says his ASD causes difficulty in getting him to school. She applied to the Council for school transport assistance.
6. The Council refused Mrs Z’s application. She complains that the assessment failed to take proper account of her son’s ASD and support needs. She wants the matter reassessed.
7. The correspondence Mrs Z has provided shows that the matter was initially considered as a complaint, rather than an appeal against the decision. However, it was subsequently treated as an appeal at the first stage of the Council’s two-stage appeal procedure. At Stage 1, the Council agreed to Mrs Z’s request for a reassessment.
8. The Ombudsman will not investigate Mrs Z’s complaint. Her key request for reassessment has been agreed. If it results in an adverse decision, it would be reasonable for Mrs Z to use her right to escalate her appeal to Stage 2 of the Council’s procedure. This is the appropriate route by which to challenge the Council’s decision and there are no grounds for the Ombudsman to intervene.

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Final decision

9. We will not investigate Mrs Z’s complaint because it would be reasonable for her to complete the Council’s appeal procedure.

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Investigator's decision on behalf of the Ombudsman