Summary: We will not investigate this complaint about the Council failing to act on multiple safeguarding concerns Ms X had about unsafe special educational needs transport practices. This is because there is not enough evidence of fault by the Council.

The complaint

1. Ms X complains the Council failed to act on multiple safeguarding concerns she raised about unsafe special educational needs (SEND) transport practices. She said this has caused her significant distress and her son has missed education.

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

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My assessment

5. Ms X complained to the Council in late September 2025 about the SEND transport. She said:

• the driver had arrived early and failed to properly notify her;
• a different driver arrived which she said increased the risk of misidentification; and
• it was unreasonable and unsafe to expect parents and children to wait at doors/windows without proper notice.

6. Ms X sent a further complaint the following month about safeguarding concerns she had. She said the transport company failed to acknowledge parental communication, lacked empathy and said she had lost trust in the service. Ms X began taking her son to school. But she told the Council she was struggling as she had been unwell.
7. The Council told Ms X it would continue to monitor the transport company’s conduct. It said the behaviour she had complained of were not contractual breaches. It said it could not terminate the service.
8. Ms X escalated her complaint and said the Council had taken no action. But the Council explained it did not consider there to be a safeguarding issue or complaint to answer. It considered the issues raised by Ms X but said there was no evidence of contractual breaches. There is not enough evidence of fault to justify further investigation by us.
9. As Ms X had previously refused the transfer, it stopped. But the Council offered to reinstate it in November 2025. The Council detailed a 5-minute pick up window and said if transport was early, they would wait until the allocated time. It also said it would follow kerbside service. This is in line with the Council’s transport policy.

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Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman