Summary: We will not investigate Ms M’s complaint about the Council’s decision to end school transport assistance for her son because there is not enough evidence of fault to justify an investigation.

The complaint

1. Ms M complains about the Council’s decision to end school transport assistance for her son. The Council granted exceptional transport assistance for six months when Ms M moved out of the Council’s area to enable her son to remain at the same school. The Council made the offer on the understanding Ms M’s move was temporary. After six months, Ms M had not returned. She applied for transport assistance again. The Council initially agreed, but then reviewed its decision and changed its mind. The Council offered transport assistance for a further six weeks until the next half term holiday.
2. Unhappy with the offer, Ms M complained to us.

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The Ombudsman’s role and powers

3. 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, or
• there is no worthwhile outcome achievable by our investigation.

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

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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 Council provided transport assistance for considerably longer than its policy normally allows, and gave Ms M a further six weeks notice (the maximum length of time the Council would normally provide assistance) before withdrawing support.
7. There is not enough evidence of fault to justify an investigation by us. Further investigation would not lead to a different outcome. There is no worthwhile outcome achievable.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman