Summary: We will not investigate this complaint about home to school transport. The Council has accepted it was at fault when it failed to tell Ms X her son’s transport had changed. We could not add anything to this point. There is not enough evidence of fault in the Council’s decision to change the transport it provides to Ms X’s son.

The complaint

1. The complainant, whom I shall call Ms X, complained about her son’s home to school transport. Ms X said the Council changed the drop-off point from a relative’s address to the family home without notice. This caused distress and upset and delayed her son being dropped off by two hours. Ms X is unhappy with how the Council dealt with her complaint and that the SEND Transport Manager provided the initial response. Ms X wants the previous transport arrangements reinstating, action taken against staff, and improvements to the Council’s complaint handling.

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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:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(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. In its responses to Ms X’s complaints the Council accepted it was wrong not to advise her of the changes to her son’s transport. It apologised and explained changes to its processes to make sure there were no future issues. In its stage 2 response the Council said it was appropriate the SEND Transport Manager sent the initial reply to her complaint.
6. The Council has said it can no longer drop Ms X’s son off at a relative’s address. While it is closer to the school than Ms X’s home, the Council allocates routes to ensure children are on vehicles for the shortest amount of time. The Council ‘clusters’ children by home postcode to create the most efficient route. Unlike in previous years there was not a route which would allow Ms X’s son to be dropped off at a relative’s home.
7. I understand Ms X’s frustrations about what happened and the changes to her son’s transport. But we will not start an investigation into her complaint.
8. The Council has apologised for making changes to Ms X’s son’s transport without advising her. The Council’s apology and service improvements are proportionate and appropriate remedies. If we investigated, we would not recommend anything further.
9. We are also not a right of further appeal for parents who disagree with a council’s decision. The Council has a statutory duty to provide home to school transport for children who are eligible for such support. Ultimately, it is for the Council to decide whether to provide transport above its statutory duty. The Council has previously provided transport to an alternative address but says it can no longer do this. It has explained why. This is a decision for the Council not the Ombudsman. There is not enough evidence of fault in how the Council has reached this decision to warrant us investigating.
10. Ms X is unhappy with how the Council dealt with her complaint. But we will not investigate a council’s complaint handling if we are not going to look at the issue which led to the original complaint. This applies here. But even if we did investigate, we would not say the Council was at fault when the SEND Transport Manager responded at stage 1. This is normal practice and there is a right of escalation to stage 2 and the Ombudsman for further scrutiny.

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Final decision

11. We will not investigate Ms X’s complaint because we could not add anything to the Council’s response and there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman