Summary: We will not investigate this complaint about the home to school transport provided to the complainant’s child. There is not enough evidence of fault by the Council and an investigation would not lead to a different outcome.

The complaint

1. The complainant, Mrs X, complained the Council would no longer take her son (Y) to an after-school club at the end of the school day. Mrs X’s son is eligible for free home to school transport. Mrs X says it is unfair some children receive transport to a place other than their home, but Y no longer does.

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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 Mrs X’s complaints, the Council explained it previously agreed to transport Y to an after-school club. This was on the basis it could accommodate Mrs X’s request within the existing transport schedule and it did not lead to any extra costs. Unfortunately, there had been several occasions when an adult was not available to collect Y. This meant the transport had been delayed and the Council could no longer take Y to the after-school club. The Council accepted it could have given Mrs X more notice about the decision.
6. While I understand Mrs X’s frustrations, we will not start an investigation into her complaint.
7. Y is eligible for free transport to school from his home address and vice versa. Transport to an alterative address is at the Council’s discretion. The support provided to date is therefore above what the Council is required to provide. The decision to no longer take Y to the after-school club is for the Council to take. It has explained its decision to Mrs X. While I know she disagrees with the decision, there is not enough evidence of fault by the Council to warrant us investigating. Also, any arrangements the Council might have made for other children are not evidence of fault in how it has dealt with Mrs X’s case. The Council has accepted it could have given more notice when it changed Y’s transport. We could not achieve anything more than the apology it has given.

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Final decision

8. We will not investigate Mrs X’s complaint about home to school transport. There is not enough evidence of fault by the Council and an investigation would not achieve anything more.

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Investigator's decision on behalf of the Ombudsman