Summary: We will not investigate Miss X’s complaint about the Council’s decision not to provide support with home to school transport. There was fault in how the Council considered Miss X’s request for support. It has therefore agreed to reconsider her case at stage 2 of its appeals process. This is a suitable remedy and we could not achieve anything more at this stage.

The complaint

1. The complainant, whom I shall refer to as Miss X, complained because the Council had refused her request for financial support with taking her son (Y) to school. Y has special educational needs and an Education, Health and Care Plan (EHC Plan).

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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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. The role of the Ombudsman is not to say if Miss X’s child should receive help with transport to school. Our role is to look at how the Council considered Miss X’s case. From my consideration of the appeal papers the Council was at fault in several ways. These include:
• It wrongly refused Miss X’s original application and stage 2 appeal on the basis Y is not attending the nearest qualifying school. This is wrong as Y attends the only school named in his EHC Plan. It is therefore the nearest qualifying school.
• At stage 2 the Council based its decision entirely (and wrongly) on Y not attending the nearest qualifying school. There was no consideration of the other points Miss X raised in her appeal.
• The stage 2 notes were inadequate. They do not say who was present, record any voting, and fail to show a proper consideration of Miss X’s appeal.
• It is not clear if the Council invited Miss X to provide oral information in support of her appeal. The Council’s policy contains this provision.
6. Despite the faults identified we will not start an investigation into Miss X’s complaint. This is because in response to our enquiries the Council said it would like to offer Miss X a further stage 2 appeal to consider her request for help with transport. This is an appropriate remedy at this stage. The Council should arrange the appeal within eight weeks of this decision.
7. If Miss X is unhappy with the Council’s decision following the fresh stage 2 appeal, she can make a fresh complaint to the Ombudsman. Miss X could do this even if her appeal was successful. For example, if the Council decided not to backdate an allowance to the date of her original appeal. We would then decide if an investigation was appropriate.

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Final decision

8. We will not investigate Miss X’s complaint because the Council has agreed to a suitable remedy for the identified fault.

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Investigator's decision on behalf of the Ombudsman