Summary: We will not investigate Mrs M’s complaint about home to school transport because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mrs M complained about the Council’s decision not to provide home to school transport for her niece.

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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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms M applied for home to school transport for her niece. I have not included the details here to ensure their anonymity, but I have carefully considered everything Mrs M said. Her application and subsequent appeals were unsuccessful.
6. Unhappy with the outcome, Mrs M complained to us.
7. We do not decide whether the Council should provide transport for Mrs M’s niece. This is the Council’s job. Our role is to check the Council made its decision properly. We check the Council followed relevant legislation, Government guidance and Council policies. We check the Council took account of all relevant information, and its decision making was fair. We cannot question Council decision taken without fault, no matter how strongly Mrs M disagrees. We are not another appeal.
8. The Council sent me all the evidence it considered, including the minutes from Mrs M’s appeal hearing when she presented her case. I can see from the evidence the Council took account of all relevant information. This included the personal circumstances of Mrs M and her niece, her Education, Health and Care (EHC) plan, and the Council’s offer of transport assistance made in error which it later withdraw.
9. There is not enough evidence of fault to justify an investigation by us.
10. We cannot, therefore, recommend the Council provides the transport Mrs M wants. There is no worthwhile outcome achievable.
11. Mrs M said she intended to appeal to the SEND Tribunal and ask the Tribunal to name her niece’s school without any conditions relating to transport. Once Mrs M appeals, we no longer have the power to consider the matter.

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Final decision

12. We will not investigate Mrs 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