Summary: We will not investigate part of Mrs X’s complaint about the Council’s decision not to provide home to school transport for her child because there is insufficient evidence of fault. We will not investigate Mrs X’s complaint that the stage two decision letter was late because the Council already apologised and an investigation would not lead to a different outcome.

The complaint

1. Mrs X complains the Council:
1. refused her application for home to school transport for her child, Y; and
2. delayed sending its stage two appeal decision to her.
2. Mrs X said the matter caused her frustration.

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The Ombudsman’s role and powers

3. 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
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

Decision not to award home to school transport

6. We will not investigate this complaint. The Council considered Mrs X’s application and subsequent appeals through the correct processes. It explained how it made its decision and explained the information it used in reaching the decision including safety evaluations and its discretionary powers to provide transport.
7. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong.
8. There is insufficient evidence of fault in how the Council considered the application and appeal. Consequently, we will not investigate this complaint.

Delay in sending stage two appeal decision

9. In its stage two appeal decision letter the Council apologised for the delay in providing Mrs X its decision. This is sufficient to remedy any injustice caused by the delay of less than one month. Consequently, an investigation would not lead to a different outcome, and we will not investigate this complaint.

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Final decision

10. We will not investigate part of Mrs X’s complaint because there is insufficient evidence of fault. We will not investigate the remainder because an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman