Summary: We will not investigate Mr F’s complaint about post-16 transport because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr F complained the Council refused his application for home to school transport for his son, B.

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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
• we cannot achieve the outcome someone wants, 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

3. I considered information provided by Mr F and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr F applied for home to school transport for his son, B, for his post-16 education. His application and subsequent appeals were unsuccessful. Unhappy with the outcome, Mr F complained to us.
6. We do not decide whether the Council should provide transport. This is the Council’s job. Our role is to check the Council made its decision properly. We check the Council followed the relevant legislation, guidance and Council policies, and took account of all relevant evidence. We cannot question Council decisions taken without fault, no matter how strongly Mr F disagrees.
7. The Council declined Mr F’s application for transport because B had completed independent travel training and was able to travel independently using public transport.
8. Mr F disagreed. He said B had been accompanied by an adult during his independent travel training and would not be able to complete the journey by himself.
9. The Council sent me the papers from Mr F’s appeal. I can see this issue was considered by the appeal panel. The papers show that B made the final journey of his independent travel training successfully by himself without another adult.
10. There is not enough evidence of fault in the Council’s decision to refuse Mr F’s application for transport justify investigation by us. We cannot achieve the outcome Mr F wants, and there is no worthwhile outcome achievable.

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Final decision

11. We will not investigate Mr F’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