Summary: Mrs X complained about the Council’s decision to withdraw the home to school transport previously provided to her child, Y. We have ended our investigation in relation to the Council’s decision to withdraw Y’s home to school transport because the Council will consider this complaint through stage 2 of its complaints process first. The Council was at fault when it wrongly referred Mrs X to the Ombudsman when it should have followed its complaints process. This caused Mrs X avoidable time and trouble. The Council will apologise, pay Mrs X a symbolic payment and investigate and respond to Mrs X’s school transport complaint in line with its complaints process.

The complaint

1. Mrs X complained about the Council’s decision to withdraw the home to school transport it previously provided to her child, Y. Mrs X said she was not informed of the change which left Y at school with no means of being able to get home, causing them distress. Mrs X said by not being informed of the school transport withdrawal she was not able to make a fully informed decision about which school would be appropriate for Y.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

5. I considered evidence provided by the Council and Mrs X and spoke to her on the telephone. I also considered relevant law, policy and guidance and our guidance on remedies published on our website.
6. Mrs X and the Council had an opportunity to comment on my draft decision. I considered comments received before making a final decision.

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What I found

Relevant law and guidance

Council complaints process

7. The Council’s complaint and feedback policy says it will acknowledge complaints within five working days and follows a two stage complaints process as follows:
• Stage 1: an investigating officer will investigate and respond to the complaint within 10 working days; and
• Stage 2: if a complainant is not happy with the stage 1 response they have 90 working days to explain their reasons and escalate their complaint to stage 2. This will be considered by a director, chief executive or senior staff member and they will respond within 20 working days.

What happened

8. Mrs X’s child, Y, attended an independent school and received home to school transport. In late 2024 the Council changed its home to school transport policy. It removed eligibility for home to school transport to non-qualifying independent schools. The Council did not make Mrs X aware of the school transport changes.
9. In mid-February 2025 Mrs X complained to the Council about it stopping Y’s home to school transport without informing her. Three days later the Council responded and said there was no longer transport from Y’s home to their school and if she remained unhappy she should contact the Ombudsman.
10. Mrs X contacted us the following month.
11. The Council has since informed the Ombudsman that it was wrong when it directed Mrs X to the Ombudsman after the stage 1 response and it should have informed Mrs X to escalate her concerns to a stage 2 investigation in accordance with the Council’s complaint and feedback policy.

My findings

12. The Council was at fault when it wrongly referred Mrs X to the Ombudsman in its stage 1 response. The Council should have followed its complaint and feedback policy and considered Mrs X’s school transport complaint through its stage 2 process first. This caused Mrs X avoidable time and trouble complaining to us. The Council has agreed to consider Mrs X’s withdrawal of school transport concerns through its stage 2 complaint process.
13. Mrs X’s complaint about the withdrawal of home to school transport for Y was premature and I have ended my investigation on this part of Mrs X’s complaint.
14. If Mrs X is unhappy with the Councils stage 2 response she could complain to the Ombudsman again.

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Action

15. Within one month of the final decision the Council will:
1. apologise and pay Mrs X £150 to acknowledge her avoidable time and trouble complaining to us when the Council should have followed its complaints process first. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology; and
2. respond to Mrs X’s school transport complaint in line with its stage 2 complaints process.
16. The Council will provide us with evidence it has complied with the above actions.

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Decision

17. I have completed part of this investigation finding fault with the Councils complaints handling process causing personal injustice. The Council has agreed to take action to remedy the injustice caused. I have ended my investigation in relation to Mrs X’s home to school transport complaint because the complaint was premature.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman