Summary: We will not investigate Miss X’s complaint about the Council’s decision her daughter does not qualify for free home to school transport. This is because there is no sign of fault by the Council.

The complaint

1. The complainant, Miss X, complains about the Council's decision her daughter does not qualify for free home to school transport.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start 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))
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X applied to the Council for free home to school transport for her daughter. The Council refused Miss X’s application, in line with its policy, because her daughter is not attending the nearest suitable school or the designated school for transport.
8. Miss X appealed the Council’s decision via the stage 2 appeal panel. She provided additional information in support of her appeal about her family circumstances and reasons for choosing the school.
9. The panel considered the additional information Miss X provided at appeal. However, it found there were no exceptional circumstances to cause it to agree the appeal outside of the policy.
10. We will not investigate this complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. It has considered and decided Miss X’s application in line with its policy which sets out the eligibility criteria for free home to school transport. Miss X exercised parental choice in sending her daughter to a school which is neither the nearest suitable school nor the designated school for transport and has explained her reasons for doing so. However, it means her daughter does not meet the criteria for free home to school transport to that school.
11. We are not an appeal body and it is not our role to question the Council’s decision where, as here, there is no sign of fault in the way in which it was reached. It decided and refused the application and appeal in line with its published policy having considered the additional information Miss X provided. This is a decision it was entitled to make.

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Final decision

12. We will not investigate Miss X’s complaint because there is no sign of fault by the Council.

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Investigator's decision on behalf of the Ombudsman