Summary: We will not investigate this complaint about delay by the Council arranging a school transport appeal and further delay in paying a backdated mileage allowance agreed at the appeal. The Council has now paid the sum owed, which means there is unlikely to be sufficient remaining injustice to Mr X to warrant investigation by us.

The complaint

1. Mr X said he told the Council of his child’s need for part-time school transport for September 2024 in May 2024, but it did not issue a decision until 31 August 2024, and then took until February 2025 to arrange an appeal. He said the Council then took too long to pay the agreed mileage allowance backdated to September 2024.

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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:

• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome.

(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 the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X provided copies of his correspondence with the Council, which supported what he said. Were we to have investigated this matter, it is likely we would have found delay by the Council in responding to Mr X and arranging a transport appeal.
6. However, Mr X has confirmed that, since he complained to us, the Council has paid the sum it owed him for the regular weekly mileage allowance from September 2024 onwards. Therefore, if we were to investigate, it is unlikely we would find sufficient remaining injustice flowing from the Council’s actions to warrant further remedy.

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Final decision

7. We will not investigate Mr X’s complaint because there is not likely to be sufficient remaining injustice to him to warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman