Summary: We will not investigate this complaint about the Council’s decision to refuse the complainant’s application and appeal for school transport for her son. There is insufficient evidence of fault on the Council’s part to warrant investigation.

The complaint

1. The complainant, Ms X, complains that the Council is at fault in refusing her application and appeal for school transport for her son.

Back to top

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)

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Ms X has disabilities which restrict her mobility and her son has special educational needs. She applied for school transport for her son for his transfer to secondary school. Although the school is within the three-mile statutory walking distance from Ms X’s home, she believes her son is unable to travel independently. She says her mobility issues prevent her from taking her two children to their different schools on time.
6. The Council refused Ms X’s application for school transport. She appealed against the decision. The matter has completed the two stages of the Council’s appeal process and has been refused. Ms X wants the Council to reconsider the matter and award school transport.
7. We will not investigate this complaint because there is insufficient evidence of fault on the Council’s part. It is not for the Ombudsman to take a view on whether Ms X’s son’s circumstances are so exceptional as to warrant awarding school transport. That is a matter for the Council’s Appeal Panel. The question for the Ombudsman is whether there is evidence of significant fault in the way the Panel considered the matter and, if so, whether that had a demonstrable effect on the outcome. There is no such evidence.
8. The case documents show that Ms X was able to make written representations and provide supporting evidence for the Panel to consider. She attended the appeal hearing and made verbal representations. The weight the Panel members gave to the case she made was a matter for their professional judgement. Having considered the evidence, the decision was for them to make.
9. Ms X disagrees with the Panel’s decision to refuse her appeal but there is no evidence of fault in the way the Panel members used their judgement. That being the case, the Ombudsman cannot criticise the decision or intervene to substitute an alternative view.

Back to top

Final decision

10. We will not investigate Ms X’s complaint because there is insufficient evidence of fault on the Council’s part.

Back to top

Investigator's decision on behalf of the Ombudsman