Summary: We will not investigate this complaint about home to school transport for the complainant’s son. It is unlikely that an investigation by the Ombudsman would lead to a different outcome or give the complainant what she wants.

The complaint

1. The complainant, whom, I shall refer to as Miss X, complained about home to school transport for her son (Y). Miss X complained about the removal of an escort and the Council requiring Y to travel in the back of the taxi which takes him to school. Miss X also complained about the driver of the taxi who she said did not communicate with her or Y. Miss X is also unhappy about the conduct of a parent whose child also receives home to school transport.

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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:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. We will not start an investigation into Miss X’s complaint.
7. In response to her concerns the Council said the escort had been removed from Y’s taxi at her request. I understand Miss X requested this after talking with the taxi’s operator. Regardless of the circumstances which led to Miss X asking for this we would be unlikely to criticise the Council’s actions.
8. The Council has also said that Y often falls asleep during the journey to or from school and it is therefore sensible for him to travel in the rear of the vehicle. That is a decision for the Council. It has considered Miss X’s request and explained its decision. It is unlikely if we investigated there would be a different outcome.
9. The Council has told Miss X the service provided collects from the kerbside. The driver therefore texts Miss X when he arrives. Because Y often sleeps during the journey there is little contact with the driver. There is not enough evidence of fault here for us to become involved. Miss X wants the driver changing but that is a decision for the Council, not the Ombudsman.
10. Finally, Miss X is concerned about the actions of another parent. We cannot hold the Council responsible for this and so it does not warrant our involvement.

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Final decision

11. We will not investigate Miss X’s complaint. It is unlikely that an investigation would lead to a different outcome or achieve what Miss X wants.

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Investigator's decision on behalf of the Ombudsman