Summary: We will not investigate Ms M’s complaint about school transport because there is not enough evidence of fault.

The complaint

1. Ms M complains the Council will not provide free school transport for her children.

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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, or
• there is no worthwhile outcome achievable by our investigation.

(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 Ms M.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms M asked the Council to provide free school transport for her children to and from a relative’s house. The Council refused her request. Ms M appealed the Council’s decision and her appeal was unsuccessful. Unhappy with the outcome, Ms M complained to us.
6. We do not decide whether the Council should provide free transport for Ms M’s children. This is the Council’s job. Our role is to check the Council made its decision properly. We check the Council followed the relevant legislation, guidance and Council policies. We cannot question decisions taken without fault.
7. Ms M sent me the Council’s decision from her appeal. This shows the Council refused Ms M’s request because the children do not attend the nearest suitable school. Ms M explained why she chose the children’s school, and the reasons she requested transport to and from a relative’s house. The Council considered her reasons but did not agree to provide free transport.
8. The decision letter from Ms M’s appeal shows the Council has applied its policy fairly and taken account of the reasons Ms M wanted transport. There is not enough evidence of fault here to justify an investigation by us.

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Final decision

9. We will not investigate Ms M’s complaint because there is not enough evidence of fault to justify investigation by us.

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Investigator's decision on behalf of the Ombudsman