Derbyshire County Council (25 009 108)
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint because the Council has acknowledged its mistakes and offered a significant symbolic payment to recognise the impact on Ms X and G. There is no outstanding injustice for us to consider, and no worthwhile outcome achievable by further investigation.
The complaint
- Ms X complained about arrangements for her daughter G’s school transport. In particular, Ms X complained:
- problems finalising G’s education, health and care (EHC) plan caused difficulties with arrangements for G’s transport for the start of the new term;
- the Council refused to change the collection times for G’s transport during her exams; and
- the Council took too long to respond to her complaint.
The Ombudsman’s role and powers
- 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:
- any injustice is not significant enough to justify our involvement, or
- we could not add to any previous investigation by the organisation, or
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Ms X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council accepted there had been problems finalising G’s EHC plan, and these had caused problems for Ms X’s application for transport for the start of the new term. The Council apologised for the delays. I understand transport was in place by the time it was needed.
- The Council explained that it had been unable to change the collection times for G’s transport during her exams because she used a shared taxi which could not accommodate Ms X’s request. This is in line with the Council’s education transport policy.
- The Council apologised for the delays responding to Ms X’s complaint.
- The Council offered Ms X a significant symbolic payment to recognise the distress caused by the various delays and Ms X’s time and trouble.
- We will not investigate Ms X’s complaint further because there is nothing we could add to the Council’s response. The Council has accepted it made mistakes and offered a significant payment to recognise the impact on Ms X and G. There is no outstanding injustice for us to consider, and no worthwhile outcome achievable by further investigation.
Final decision
- We will not investigate Ms X’s complaint because the Council has acknowledged its mistakes and offered a significant symbolic payment to recognise the impact on Ms X and G. There is no outstanding injustice for us to consider, and no worthwhile outcome achievable by further investigation.
Investigator's decision on behalf of the Ombudsman