Summary: We will not investigate Ms M’s complaint about school transport because there is not enough evidence of fault. There is no worthwhile outcome achievable.

The complaint

1. Ms M complains about the school transport offered by the Council for her daughter, G. She wants the Council to pay her to take G to school herself.

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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 when G returned to school following a period of home tuition and a reduced timetable. The school is approximately 8 miles from Ms M’s home.
6. The Council agreed to provide transport and offered G a bus pass. The Council declined Ms M’s request to pay her to transport G herself. The Council said it already runs a bus so it would not be economical.
7. Ms M appealed at both stages of the Council’s transport appeals process. She said G suffered from anxiety and the only way she could get to school was if she took her herself. For the stage 2 appeal, Ms M provided a letter from CAMHS.
8. We do not decide whether the Council should pay Ms M to transport G to school. 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 evidence, 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.
9. The Council sent me the papers from Ms M’s application and appeals. I can see the Council considered the evidence Ms M provided. There is not enough evidence of fault to justify investigating Ms M’s complaint. There is no worthwhile outcome achievable.

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Final decision

10. We will not investigate Ms M’s complaint because there is not enough evidence of fault. There is no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman