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

The complaint

1. Ms M complains about the Council’s decision not to provide home to school transport for her son, B.

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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
• 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. The Council stopped providing school transport for Ms M’s son, B, when she moved closer to the school. The Council decided B can walk to school and Ms M can accompany him. Ms M says the journey is not practical because of B’s special educational needs. She appealed the Council’s decision. Her appeal was unsuccessful. Unhappy with the outcome, Ms M complained to us. Ms M wants the Council to arrange transport.
6. We do not decide whether the Council should provide transport for B. 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 the decision-making process was fair. We cannot question Council decisions made without fault, no matter how strongly Ms M disagrees. We are not another appeal.
7. B lives less than the statutory walking distance from school. This is the distance the Government has decided a child of B’s age can be expected to walk to school, accompanied as necessary. The papers show the Council took account of B’s special educational needs as recorded in his education, health and care (EHC) plan before deciding not to provide transport.
8. There is not enough evidence of fault to justify an investigation by us. We could not achieve the outcome Ms M wants. There is, regrettably, no worthwhile outcome achievable.

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Final decision

9. We will not investigate Ms M’s complaint because there is not enough evidence of fault to justify an investigation. We cannot achieve the outcome Ms M wants. There is no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman