Summary: We will not investigate Miss X’s complaint about the Council’s delay in agreeing school transport. We have upheld part of the complaint, and the Council has agreed to take appropriate action. It would therefore not be proportionate to investigate.

The complaint

1. Miss X complained the Council failed to arrange suitable transport for her child, Y to access college. Miss X stated that stress from the process exacerbated her medical conditions and she had to pay for a taxi to take Y to school. Miss X would like the Council to reimburse her for taxi fares and for theatre tickets which she was unable to attend due to illness caused by the process. She would also like the Council to amend its school transport process, so other families do not have the same experience.

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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 we are satisfied with the actions an organisation has taken or proposed to take.

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

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How I considered this complaint

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

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My assessment

5. Miss X contacted the Council in late 2023 to enquire about transport arrangements for her child, Y attending college in September 2024. The Council agreed transport arrangements for Y, following a School Transport Appeal hearing in Summer 2024.
6. The Council stated that Y’s transport to college was in place from the second week of term in September 2024. Miss X informed the Council that she could not drive Y to college due to her health. Miss X therefore arranged for a taxi to transport Y to school from 17 to 20 September 2024.
7. Miss Y complained to the Council about the delay in processing Y’s school transport application. The Council upheld Miss X’s complaint and acknowledged there was a three-month delay in submitting a request to the Home to School Transport Eligibility Team. The Council stated that if the request had been submitted earlier, the appeals process would have likely finished in time to secure Y’s college transport in September 2024.
8. In its complaint response, the Council stated that it had communicated the importance of appropriate handovers to all staff involved in school transport to prevent a similar issue recurring. The Council offered Miss X a payment of £200 in recognition of the delay in arranging Y’s college transport, and its delays in responding to her complaints.
9. Although the Council upheld Miss X’s complaint, the payment offered does not remedy the financial cost of Miss X having to fund taxis for a week. Therefore, we asked the Council to reimburse Miss X for this cost. The Council agreed to reimburse Miss X for her taxi costs to transport Y to college from 17 to 20 September 2024.
10. Miss X asked that the Council reimburse her for the cost of theatre tickets of a performance she was unable to attend due to illness caused by the stress of Y’s college transport arrangements. We could not recommend this reimbursement because we could not make a finding, even on a balance of probabilities, between the stress of the transport arrangements and Miss X’s illness.

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Agreed Action

11. The Council agreed to resolve Miss X’s complaint by taking the following action within one month of our final decision:

• Reimburse Miss X for the expenses she incurred securing a taxi for Y to attend college between 17 and 20 September 2024.

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Final decision

12. We will not investigate Miss X’s complaint because the Council has agreed to provide a proportionate remedy for the injustice caused to Miss X.

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Investigator's decision on behalf of the Ombudsman