Summary: We will not investigate this complaint about the Council’s failure to act on reports of overcrowding on a school bus. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant bought her child’s bus ticket direct from the bus company. The complaint is therefore out of our jurisdiction as the matter is not an administrative function of the Council.

The complaint

1. Mrs X complains the bus her child took to school was overcrowded. She confirms she bought the ticket direct from the bus company as her child does not qualify for free school transport.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).

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How I considered this complaint

4. I considered information provided by Mrs X including the Council’s response to her complaint.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate Mrs X’s complaint because the Council did not commissioned the service for Mrs X and had no contractual arrangement with her, therefore we have no remit to investigate.

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Investigator's decision on behalf of the Ombudsman