Summary: We will not investigate this complaint about the Council’s decision to change the arrangements for the complainant’s son’s school transport. There is insufficient evidence of fault on the Council’s part to warrant investigation.

The complaint

1. The complainant, Miss X. complains that the Council has withdrawn her son’s taxi transport to school and replaced it with arrangements which are unsuitable for him.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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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. Miss X’s son has an Education Health and Care plan and qualifies for home-to-school transport assistance. This was previously provided by way of taxi transport to and from school.
6. The Council has reviewed the arrangements and withdrawn the taxi transport. It has made alternative provision by way of a free bus pass. Miss X says this is not suitable for her son. She argues that he is not capable of using the public transport and cannot therefore attend school.
7. Miss X used her right to appeal against the Council’s decision. When the matter came before the appeal panel, she made written submissions setting out why her son cannot access the new transport arrangements. The appeal panel did not uphold the appeal. It took the view that the Council had made a reasonable decision and there were no exceptional grounds to warrant departing from it.
8. We will not investigate this complaint because there is insufficient evidence of fault on the Council’s part. It is not for the Ombudsman to take a view on whether the transport arrangements are appropriate for Miss X’s son, or whether he requires taxi transport. That is for the appeal panel to decide. The question for us is whether there is evidence of significant fault in the way the panel considered the matter and, if so, whether that had a demonstrable effect on the outcome. There is no such evidence.
9. The case documents show that Miss X had the opportunity to make representations and provide supporting evidence for the panel to consider. The weight the panel members gave to the case she made was a matter for their professional judgement. Having considered the evidence, the decision was for them to make.
10. Miss X disagrees with the panel’s decision but there is no evidence of fault in the way the panel members used their judgement. That being the case, the Ombudsman cannot criticise the decision or intervene to substitute an alternative view.

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Final decision

11. We will not investigate Miss X’s complaint because there is insufficient evidence of fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman