Summary: We will not investigate this complaint about the Council’s policy of only providing school transport from a single address when parents are separated. This is because it is reasonable for the complainant to use the Council’s own appeals process.

The complaint

1. The complainant, whom I shall refer to as Ms X, complained the Council only provides transport to school from a single address when parents are separated.

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The Ombudsman’s role and powers

2. We investigate 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 continue 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), as amended, section 34(B))

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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. The Council has provided a response to Ms X’s complaints in which it explained its policy. It also said it would review the policy during the Autumn term.
6. The Council originally told Ms X it would not be appropriate to consider a formal appeal from Ms X as the process dealt with “misapplications of the policy”. In response to our enquiries, the Council apologised if its response had “led to the understanding that a right of appeal had been refused in any way.” The Council said Ms X can appeal the Council’s decision and set out “her own family’s personal circumstances”.
7. We will not therefore start an investigation into Ms X’s complaint. Councils are expected to have an appeals process for parents unhappy with decisions about school transport. We expect parents to use this appeal right. The Council’s original response to Ms X’s complaint did suggest this process was not available. It has now confirmed this is not the case and it is reasonable for Ms X to use the Council’s own appeals process. If Ms X was unhappy with how the Council dealt with her appeal, she could make a fresh complaint to the Ombudsman.

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Final decision

8. We will not investigate Ms X’s complaint because it is reasonable for her to use the Council’s own appeals process to challenge its decision about school transport.

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Investigator's decision on behalf of the Ombudsman