Summary: We will not investigate Ms M’s complaint about the Council’s response to her questions about its new school transport policy because investigation would not lead to a different outcome. It would be reasonable for Ms M to use the Council’s appeals process to challenge the impact of the new policy on her son.

The complaint

1. Ms M complains the Council has not responded to questions she asked about changes to its school transport policy. Ms M is unhappy with the Council’s response to her complaint.

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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:

• further investigation would not lead to a different outcome, and
• it would be reasonable for the person to ask for a council review or appeal.

(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 Ms M and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council adopted a new home to school transport policy.
6. Ms M sent me a copy of her correspondence with officers and elected members about the changes introduced by the new policy. She was not happy with the responses she received and made a formal complaint to the Council. Unhappy with the Council’s response to her complaint, Ms M complained to us.
7. In her complaint to us, Ms M explained that her son will no longer be eligible for transport from September 2026. I have not included the reasons here to ensure Ms M’s anonymity. Ms M said that without answers to the questions she had put to the council she was unable to formulate a response to the transport policy changes.
8. I have carefully considered all Ms M’s correspondence with the Council.
9. I have decided not to investigate Ms M’s complaint for the following reasons.
10. The Council has adopted its new policy. The opportunity for parents to respond to the changes has, therefore, passed. It is too late now to debate the merits, or otherwise, of the new policy. Our investigation of Ms M’s complaint would not lead to a different outcome.
11. Ms M may have legitimate questions about the impact of the policy to her son, but this was not the focus of her correspondence with the Council. Ms M could use the Council’s appeals process to challenge the Council’s decision on her son’s transport. I consider it would be reasonable for her to do so now. If Ms M remains dissatisfied following her appeal, she could make a new complaint to us.
12. We would not normally investigate a council’s complaint handling if we were not considering other elements of a complaint. As I have decided not to investigate Ms M’s complaint about the Council’s response to her questions about the new transport policy, I will not investigate her complaint about the Council’s complaint handling.

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Final decision

13. We will not investigate Ms M’s complaint because it would be reasonable for her to use the Council’s appeals process to challenge the impact of the new school transport policy on her son. Investigation of Ms M’s complaint about the Council’s response to her questions would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman