Summary: We will not investigate Mr X’s complaint about the conduct of a driver for his child, Y’s, home to school transport. This is because an investigation is unlikely to achieve any additional outcome.

The complaint

1. Mr X complained the Council failed to address his concerns about the driver for his child, Y’s, home to school transport. Mr X also complained about the Council’s complaints process and poor communication.
2. Mr X said the matter caused him distress.

Back to top

The Ombudsman’s role and powers

3. 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation; or
• the tests set out in our Assessment Code are not met.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

Driver conduct

6. We will not investigate Mr X’s complaint about the conduct of the driver for his child, Y’s, home to school transport.
7. This is because in its complaint response the Council said it was unable to substantiate Mr X’s concerns about how the driver behaved. However, it:
• acknowledged Mr X’s concerns and spoke with him about them;
• spoke with the transport provider and asked it to remind the driver of its expectations relating to conduct; and
• changed the driver for Y.
8. Although Mr X remains dissatisfied with the Council’s response, an investigation by the Ombudsman is unlikely to achieve any additional outcome. Therefore, we will not investigate this complaint.

Complaint handling

9. We will not investigate Mr X’s complaint about delays in the Council’s complaint handling, including its poor communication.
10. This is because, in its complaint response, the Council apologised for the delays and the errors in its complaint handling. This is sufficient to remedy any personal injustice caused to Mr X and an investigation is unlikely to achieve further outcome.
11. In addition, in the past 12 months the Ombudsman has completed several investigations into the Council’s complaints handling. As part of those decisions, the Council agreed to provide the Ombudsman with action plans to improve its services.
12. Another investigation into these issues is unlikely to achieve any different outcome. The Council requires time to embed the action plans and learning from our previous recommendations and to address its backlog. Therefore, we will not investigate this complaint.

Back to top

Final decision

13. We will not investigate Mr X’s complaint because an investigation is unlikely to achieve any additional outcome.

Back to top

Investigator's decision on behalf of the Ombudsman