Summary: We will not investigate Ms M’s complaint about her request for free bus passes for her children because there is not enough evidence of fault by the Council to justify investigating.

The complaint

1. Ms M complains the Council refused her application for free school transport for her children. Ms M said she cannot take the children to school herself, and money is a struggle for the family.

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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, 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

3. I considered information provided by Ms M.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms M explained why she chose a school for her children and why she wants the Council to provide free bus passes. I have not included the details here to ensure their anonymity.
6. Ms M’s application for free bus passes was unsuccessful. Ms M appealed the Council’s decision at both stages of the Council’s appeals process. Her appeals were unsuccessful too. Unhappy with the outcome, Ms M complained to us. She said one of the Councillors on the appeal panel laughed about her religion.
7. We do not decide whether the Council should provide free home to school transport for Ms M's children. This is the Council’s job. We are not another appeal. Our role is to check the Council made its decision properly. This means we check the Council followed relevant legislation, guidance and policies, and took account of all relevant information. We cannot question Council decisions taken without fault, no matter how strongly Ms M disagrees.
8. The final decision letter from the Council shows the appeal panel took account of all the reasons Ms M gave for requesting free school transport for her children. The panel decided not to offer free transport as it considered there were nearer suitable schools. There is not enough evidence of fault in the information Ms M provided to justify further investigation by us.
9. We will not investigate Ms M’s allegation that a Councillor laughed about her religion because it would be difficult to investigate fairly what was said in a meeting that took place over six months ago, and in any event, further investigation would not lead to a different outcome.

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Final decision

10. We will not investigate Ms M’s complaint because there is not enough evidence of fault to justify investigation by us.

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Investigator's decision on behalf of the Ombudsman