Summary: We will not investigate this complaint about the Council’s decision to decline Mr X’s application for travel assistance for his child Y. This is because there is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complained the Council failed to consider his child Y’s special educational needs when it declined to provide contracted travel assistance.

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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 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

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

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My assessment

5. Mr X complained to the Council after it declined to continue providing contracted travel assistance once his child Y turned 18. Mr X said the Council contradicted itself by acknowledging that Y could not use public transport but later stating it was a reasonable option for Y.
6. The Council heard Mr X’s appeal at an independent hearing and a review panel. Y’s specialist provision also provided information regarding Y’s ability to access public transport. The Council considered this information but maintained its decision. The Council said Mr X had not demonstrated that Y could not access public transport with travel training or accompaniment. The Council also said Mr X had not demonstrated that neither he nor his partner could take Y to his provision.
7. Mr X has brought the complaint to the Ombudsman because he wants us to find it at fault. The Ombudsman cannot question the merits of a decision the Council has made, provided it has followed the correct process. Council has demonstrated throughout its responses that is has considered the information Mr X has submitted in support of his application for travel assistance; however it has decided Y does not qualify for contracted travel assistance. There is no evidence of fault in the way the Council arrived at this decision. An investigation would therefore be unlikely to result in finding fault with the Council’s actions.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman