Summary: We will not investigate this complaint about the Council’s decision to refuse free home-to-school transport for the complainant’s child. There is not enough evidence of fault on the Council’s part to warrant investigation.

The complaint

1. The complainant, Mr X, complains about the Council’s decision that his child is not eligible for free home-to-school transport.

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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. (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 the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X asked the Council to provide home-to-school transport for his child as he says there is no safe walking route to school. The Council refused the request on the grounds that the child does not attend the closest school where there are places in her year group available.
6. Mr X used his right to appeal against the Council’s decision. When the matter came before the appeal panel, he made written submissions setting out why the Council should provide free transport to school. The appeal panel took the view the Council had made a reasonable decision and there were no exceptional grounds to warrant departing from it.
7. We will not investigate this complaint because there is into enough evidence of fault on the Council’s part. It is not for the Ombudsman to take a view on whether the transport arrangements are appropriate for Mr X’s child. That is for the appeal panel to decide. The question for us is whether there is evidence of significant fault in the way the panel considered the matter and, if so, whether that had a demonstrable effect on the outcome. There is no such evidence.
8. The case documents show that Mr X had the opportunity to make representations and provide supporting evidence for the panel to consider. The weight the panel members gave to the case he made was a matter for their professional judgement. Having considered the evidence, the decision was for them to make.
9. Mr X disagrees with the panel’s decision but there is not enough evidence of fault in the way the panel members used their judgement. That being the case, the Ombudsman cannot criticise the decision or intervene to substitute an alternative view.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman