Summary: We will not investigate Mr X’s complaint about the Council’s consultation into changes to its post-16 transport policy. This is because there is not enough evidence of fault by the Council to warrant an investigation.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained the Council failed to properly consult with families potentially affected by changes to its post-16 transport policy. The changes included paying a daily rate for transport based on the days attended. Mr X says he was not given the chance to take part in the consultation and wants the Council to commit to changes in how it consults.

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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
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, 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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In response to Mr X’s complaint the Council explained it emailed Mr X and other parents about the consultation using the ‘.GOV.UK Notify’ system. Unfortunately, this message was delivered to Mr X’s ‘Junk’ folder. The Council said it had publicised the consultation via social media, school bulletins, and had consulted with stakeholder groups. The Council said its approach was in line with Department for Education guidance. While it did not uphold Mr X’s complaint, the Council said it would share his feedback to “help shape better communication practices in future consultations”.
6. While I understand Mr X’s frustrations, we will not start an investigation into his complaint.
7. The Department for Education has published guidance on school transport and post 16 transport statements. The guidance includes information about the consultation process. But exactly how councils should consult with parents and other groups is a matter for individual Councils. Mr X would like the Council to write to parents and to check receipt – but that is a decision for the Council. Based on the evidence available there is not enough evidence of fault in the approach the Council took for us to criticise it.
8. Given the Council has said it will share his feedback with the Transport team it is unlikely an investigation could achieve anything more.
9. Further consideration of Mr X’s complaint is not therefore appropriate.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman