Summary: We will not investigate this complaint about the Council’s decision to stop providing transport for Miss X’s son Mr Y to attend respite care. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Miss X complained the Council stopped providing transport to take her son Mr Y from college to his respite provider.

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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.

(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 Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X’s son Mr Y has special educational needs (SEN) and has been assessed as requiring travel assistance to and from college.
6. In November 2023, Miss X complained to the Council after she was informed that the home to school transport Mr Y had been receiving, would no longer take him to respite care after college.
7. The Council investigated and apologised for the inconvenience but did not uphold Miss X’s complaint. The Council explained it had previously provided Mr Y with transport to his respite provider on an informal basis but it was unable to continue this service due to the changing needs of one of its service users. Miss X was unhappy with the Council’s response and opted to refer the complaint to the Ombudsman.
8. The evidence shows the Council’s home to school transport policy does not accommodate transport to respite care. Whilst the Council was providing this service informally, it was not required to provide this service and it has given good reasons for why it is not able to continue. An investigation would be unlikely to find fault with the Council’s decision.

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Final decision

9. We will not investigate Miss X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman