Summary: We will not investigate this complaint about the Council’s decision to refuse the complainant’s appeal for education transport for her son. There is insufficient evidence of fault on the Council’s part to warrant investigation.

The complaint

1. The complainant, Miss X complains that the Council has made a flawed decision to refuse her appeal for education 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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says her son has a diagnosis of Attention Deficit Hyperactivity Disorder. He has been placed at a new educational setting which she says involves four bus journeys each day, causing him significant problems. She says he cannot access the school bus because he was assaulted by another pupil who uses it.
6. Miss X’s son is eligible for school transport assistance, which the Council has addressed by offering to provide him with a free bus pass. Miss X contends that this does not meet his needs.
7. Miss X appealed for the provision of taxi transport for her son. The matter went to the school transport appeal panel, which refused the appeal. Miss X believes the panel failed to properly consider her son’s needs and that the decision to refuse the appeal was wrong. She wants the matter reconsidered.
8. 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 Miss X’s son’s circumstances are so exceptional as to warrant awarding taxi transport. That is for the 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.
9. The case documents show that Miss X was given the opportunity to make written representations and provide supporting evidence for the panel to consider. The weight the panel members gave to the case she made was a matter for their professional judgement. Having considered the evidence, the decision was for them to make.
10. Miss X disagrees with the panel’s decision 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 Miss X’s complaint because there is insufficient evidence of fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman