Summary: We will not investigate this complaint about home to school transport. This is because the Council has agreed to consider Mr X’s case under its appeals process. This is an appropriate remedy. If Mr X is unhappy with the outcome he can make a fresh complaint to the Ombudsman.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained about the Council’s decision not to provide his child (Y) with free transport to school after he moved address.

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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’. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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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

6. Mr X moved address and asked the Council to continue to provide Y with free transport to school. The Council refused and said Y was not attending the nearest school to home. This meant they were not entitled to transport.
7. The Council operates a two-stage appeal process for parents who want to challenge decisions around transport. Mr X sent a message to the Council’s ‘complaints’ email address with the subject “Formal Appeal – Stage 1 review of transport”. The Council replied to Mr X and said it could not consider his complaint as there was an appeals process. It provided a link to this but also directed him to the Ombudsman. Mr X therefore contacted us on the same day.
8. While I note the Council did provide a link to its appeals process, Mr X had already submitted what he understandably considered to be an appeal. The Council directed Mr X to the Ombudsman and so I understand why Mr X has not taken any further action with the Council. If we were to investigate the Council’s actions, we would find its failure to deal with Mr X’s appeal to be fault. It has caused Mr X frustration and distress by denying him access to its appeals process.
9. We therefore asked the Council to remedy the complaint by contacting Mr X and arranging to consider his appeal if he still wants to challenge the Council’s decision. The Council agreed to do so. It should contact Mr X within one week of this decision and complete its appeals process as quickly as possible. Based on the Council’s published timescales for appeals we would expect the process to be completed within 12 weeks of our decision.
10. If at the end of the process Mr X remained unhappy, he could make a fresh complaint to the Ombudsman. If the appeal was unsuccessful, we could look at how the Council made its decision. If the Council granted Mr X’s appeal, but he wanted to challenge the Council’s decision around the backdating of any transport support offered, that is also something we could consider.
11. The Council has agreed a suitable remedy and so we will not investigate.

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Final decision

12. We will not investigate Mr X’s complaint because its offer to consider Mr X’s appeal is a suitable remedy for the identified injustice.

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Investigator's decision on behalf of the Ombudsman