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 not enough evidence of fault on the Council’s part to warrant investigation.

The complaint

1. Mrs X complains the Council is at fault in refusing her application and appeal for school transport for her son.

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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 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)

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How I considered this complaint

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

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My assessment

5. The Council refused Mrs X’s application for school transport for her son. She appealed against the decision. The matter has completed the two stages of the Council’s appeal process and has been refused. Mrs X wants the Council to reconsider the matter and award school transport.
6. 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 Mrs 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.
7. The case documents show that Mrs X was able to make written representations and provide supporting evidence for the Panel to consider. She attended the appeal hearing with a person supporting her. They made verbal representations.
8. The weight the Panel members gave to the case was a matter for their professional judgement. Having considered the evidence, the decision was for them to make.
9. The Council also noted its officers had initially been incorrectly advised that no children were using an existing bus route to get to Mrs X’s preferred school. However, it was discovered that several eligible students do use the bus. Members encouraged Mrs X to apply for a spare seat on the bus if one became available but this would be at her cost.
10. Mrs 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.

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Final decision

11. We will not investigate Mrs X’s complaint because we have not seen enough evidence of fault in the Council’s actions to justify an investigation.

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Investigator's decision on behalf of the Ombudsman