Summary: We will not investigate Ms M’s complaints about her son’s school transport arrangements or the Council’s response to her concerns about the taxi driver. There is not enough evidence of fault to justify an investigation. We cannot investigate Ms M’s complaint about events which led to her owing a significant sum of money to the Council because the Council has not had an opportunity to respond.

The complaint

1. Ms M complained about her son’s school transport. In particular Ms M complained about:
1. the transport offered from September 2025;
2. incidents where she says the taxi driver drove dangerously; and
3. the Council’s handling of transport payments which she said resulted in her owing a significant sum to the Council.
2. Ms M wants the Council to write off her debt and make alternative arrangements for her son’s transport.

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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 an investigation, and
• we cannot achieve the outcome someone wants.

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

4. The law says we cannot normally investigate a complaint unless the organisation knows about the complaint and has had an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council provides home to school transport for Ms M’s son.
8. Ms M complained about the arrangements the Council proposed for September 2025. The Council arranged transport by taxi. Ms M wanted more flexible arrangements, including the option to take her son to school herself and receive a payment from the Council. The Council declined Ms M’s request.
9. It is for the Council to decide how to provide transport for Ms M’s son. Our role is to check the Council made its decision properly. We check the Council followed relevant legislation, Government guidance and Council policies. We cannot question Council decisions taken without fault.
10. The Council’s proposals for Mrs M’s son’s transport satisfy me the Council took account of all relevant information. There is not enough evidence of fault to justify an investigation by us. We cannot achieve the outcome Ms M wants.
11. Ms M complained about two incidents where she said the taxi driver drove dangerously. Ms M reported the incidents to the Council using the Council’s “transport incident report” form. The Council responded to her concerns. There is not enough evidence of fault by the Council in its response to Ms M’s concerns to justify an investigation by us.
12. Ms M complained the Council’s handling of transport payments in previous years resulted in her owing a significant sum to the Council. Ms M contacted us to say the Council was proposing to take legal action against her to recover the debt.
13. The law says we cannot normally investigate a complaint unless the organisation knows about the complaint and has had an opportunity to investigate and reply. We usually expect someone to use the Council’s corporate complaints process if they are unhappy with something the Council has done.
14. I invited Ms M to send evidence she had complained about events which led to her owing a significant sum to the Council. I carefully considered the documents she sent.
15. We cannot investigate Ms M’s complaint because it does not appear the Council has had an opportunity to respond through the corporate complaints process.
16. As legal action is now underway, Ms M might wish to raise her concerns through this process instead. The Council’s letter of claim and notice of intended action explain where she can obtain advice.

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Final decision

17. We will not investigate Ms M’s complaints about her son’s school transport arrangements or the Council’s response to her concerns about the taxi driver. There is not enough evidence of fault to justify an investigation. We cannot investigate Ms M’s complaint about events which led to her owing a significant sum of money to the Council because the Council has not had an opportunity to respond.

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Investigator's decision on behalf of the Ombudsman