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, and we cannot achieve the outcome Mrs M wants.

The complaint

1. Mrs M complains the Council refused to provide home to school transport for her daughter.

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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 could not add to any previous investigation by the organisation, 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. Mrs M asked the Council to provide home to school transport for her daughter. I have not included the reasons to ensure her anonymity. The Council refused. Mrs M submitted a complaint and said she wanted to appeal the Council’s decision. The Council responded to Mrs M’s complaint at both stages of the complaints process. Unhappy with the outcome, Mrs M contacted us.
6. We do not decide whether the Council should provide home to school transport for Mrs M’s daughter. This is the Council’s job. Our role is to check the Council followed relevant legislation, Government guidance and Council policies. We check the Council took account of all relevant information. We cannot question Council decisions made without fault, however strongly Mrs M disagrees. We are not another appeal.
7. The Council declined to provide transport for Mrs M’s daughter because there were closer schools with places available. At the time of Mrs M’s complaint, six out of sixteen closer schools had places available.
8. Mrs M explained why she does not want her daughter to attend the closest school. I understand why Mrs M does not want her daughter to attend this school. But there were still five other closer schools with places available. Mrs M did not tell the Council why each of these schools were unsuitable.
9. There is not enough evidence of fault in the Council’s decision making to justify an investigation by us.
10. There is nothing we could add to the Council’s complaint response, and there is, therefore, no worthwhile outcome achievable. We cannot achieve the outcome Mrs M wants.

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Final decision

11. We will not investigate Mrs M’s complaint because there is not enough evidence of fault to justify an investigation. There is nothing we could add to the Council’s response, and there is no worthwhile outcome achievable. We cannot achieve the outcome Mrs M wants.

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Investigator's decision on behalf of the Ombudsman