Summary: We will not investigate Mr X’s complaint about the required parental contribution towards his child’s post-16 school transport. There is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains the Council has refused to waive his required contribution to his child’s transport costs, despite the Council implementing his suggested transport solution that saves the Council money. He says this has caused distress and financial loss. He wants the Council to refund him the money he has already paid and waive the requirement for him to contribute to his child’s transport.

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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.

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

3. 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

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

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My assessment

6. The law required councils to have a transport policy statement for post-16 learners. Although this must include certain considerations, councils have discretion to set their own arrangements.
7. The Council’s post-16 school transport policy states that it will use its discretion to decide whether to provide financial or practical support on a case-by-case basis. It says the support will usually be in the form of a subsidised travel pass. In cases where it decides to provide transport directly to the child, it will require a parental contribution equal to the cost of a subsidised travel pass.
8. Mr X’s child is post-16 and receives transport to school. In line with its policy, the Council asked Mr X to pay a contribution to the transport costs equal to the cost of a subsidised travel pass. The contribution can be paid in three instalments due at the start of each term.
9. Mr X was unhappy with the requirement for him to contribute to his child’s transport costs and appealed this decision. He said he had proposed a transport solution which would save the Council money, so did not feel he should be charged at all. In its appeal response, the Council said:
• The decision to charge a parental contribution for post-16 travel assistance had been agree following consultation and was in its home to school transport policy.
• Despite Mr X’s contribution, the cost of transport to the Council for Mr X’s child still represented considerable discretionary support.
• It had considered his reasons why he did not feel he should be charged but did not agree there was sufficient reason to disregard its policy in his case.
10. 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, regardless of whether you disagree with the decision the organisation made.
11. We will not investigate this complaint. The Council has appropriately considered Mr X’s appeal but decided there is insufficient reason to depart from its policy. This is a decision the Council is entitled to reach. There is insufficient evidence of fault to warrant an investigation.

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Final decision

12. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman