Summary: We will not investigate this complaint that the Council has failed to make appropriate school transport arrangements for the complainant’s daughter. This is because it would be reasonable for her to use the Council’s school transport appeal process to address the matter.

The complaint

1. The complainant, who I will refer to as Miss X, complains that the Council has failed to make appropriate school transport arrangements for her daughter.

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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 it would be reasonable for the person to ask for a council review or appeal. (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. Miss X’s daughter is entitled to school transport assistance. Miss X says her daughter can only access the transport the Council provides if it has both male and female staff. She says she was told that this would be the case and complains that it has not been.
6. In response to Miss X’s complaint, the Council has set out why it will not guarantee that its transport has both male and female escorts. Miss X says that, as a result of the Council’s failure to ensure her daughter’s transport has staff of both sexes, she cannot attend school.
7. The Ombudsman will not investigate Miss X’s complaint. The point at issue is that Miss X believes the school transport arrangements the Council has made are inappropriate for her daughter. Statutory guidance sets out that councils should have an appeal process to consider precisely such matters. The Council has such a process, and its published information sets out that it considers appeals about the suitability of transport arrangements. Miss X’s recourse is to use the Council’s appeal process, and it would be reasonable for her to do so. The Ombudsman will not intervene.

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Final decision

8. We will not investigate Ms X’s complaint because it would be reasonable for her to use the Council’s school transport appeal process.

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Investigator's decision on behalf of the Ombudsman