Summary: We will not investigate Mr X’s complaint about the Council’s decision not to provide his child with free transport to school. The Council has accepted it was at fault because it did not invite Mr X to his final stage appeal hearing. The Council has offered to arrange a fresh hearing, and this is an appropriate remedy.

The complaint

1. The complaint, whom I shall refer to as Mr X, complained the Council had refused to provide his child with free transport to school.

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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 it would be reasonable for the person to ask for a council review or appeal. Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
4. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In response to our enquiries about Mr X’s complaint the Council said it had not invited Mr X to the final hearing to consider his appeal. This went against the Council’s published policy. The Council said it would write to Mr X and invite him to a fresh appeal.
8. The Council has accepted fault in its handling of Mr X’s appeal and its decision to hold a fresh appeal is a suitable remedy. Further involvement by the Ombudsman at this stage would not achieve anything more. The Council should ensure the appeal is completed within forty working days as set out in its published policy. If Mr X was unhappy with the outcome of the appeal, he could make a fresh complaint to the Ombudsman.

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Final decision

9. We will not investigate Mr X’s complaint because the Council has offered an appropriate remedy.

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Investigator's decision on behalf of the Ombudsman