Summary: We will not investigate Mr X’s complaint about the Council’s decision not to provide free home to school transport for his son. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Mr X complains about the Council’s decision not to provide school transport for his son from his new address because he has moved outside the Council’s area.

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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)
3. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Council’s published home to school transport policy.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complains about the Council’s decision his son is no longer eligible for free home to school transport on the days he is living with him because he has moved outside the Council’s area. Mr X says he did not realise his move to a different council’s area would have an impact on his son’s school transport.
8. The Council explained that as Mr X now lives in a different council’s area he is ineligible to apply for free home to school transport and he would need to apply to the council where he now lives for school transport assistance. It explained that as he is ineligible to apply for school transport there is no right of appeal.
9. We will not investigate Mr X’s complaint. This is because there is insufficient evidence of fault by the Council to warrant an investigation. The Council’s home to school transport policy only applies to children who are resident within the Council’s area. This is set out in its published policy. The Council has explained this to Mr X and advised him that he would need to apply and appeal to the Council where he is now a resident. There is nothing further we could add to the response and explanation the Council has already provided.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman