Summary: We will not investigate this complaint about home-to-school transport because there is insufficient evidence of fault in the Council’s actions.

The complaint

1. Miss Y says the Council has failed to provide suitable home-to-school transport for her child (Z). She says the Council’s actions have had a detrimental impact on Z’s behaviour and routine.
2. Miss Y says the Council’s actions have prevented Z from accessing education.

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The Ombudsman’s role and powers

3. 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))

4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by Miss Y and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss Y complained to the Council about its decision-making in meeting its duty to provide home-to-school transport for Z. The Council did not dispute its duty to provide this but disagreed with Miss Y about what this should entail. Miss Y says Z needs a female passenger assistant with them on journeys, to reduce distress. The Council disagreed and said there is no evidence to support a need for a passenger assistant of a specific gender. It concluded that Miss Y’s views were a parental preference, and not a need. It based its decision on different evidence. This included Z’s Education, Health and Care Plan (EHCP), consultations with professionals involved in Z’s care, and risk assessments.
8. Miss Y says the Council’s decision has caused financial difficulties, as she has been transporting Z to school herself. The Council says it provided travel assistance by paying a fuel contribution, but this ceased when Miss Y removed Z from school.
9. The Council later decided to make an out-of-policy decision, to support Z’s school attendance and re-establish contact. It agreed to cover the route with a female passenger assistant, where possible, but confirmed it could not guarantee this indefinitely.
10. We will not investigate this complaint because there is insufficient evidence of fault in the Council’s actions. The Council considered and agreed its duty to provide home-to-school transport for Z. Although it did not agree that a female passenger assistant was required on the route, it upheld its duty to provide transport. From the evidence I have seen, the Council offered and provided several alternative options to support Z’s school attendance when Miss Y challenged this.
11. I understand Miss Y disagrees with the Council’s view about a passenger assistant of a specific sex being required, but the Council properly considered evidence and information available to it when reaching this decision.
12. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether a person disagree with the decision the organisation made.

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Final decision

13. We will not investigate Miss Y’s complaint because there is insufficient evidence of fault in the Council’s actions to justify our involvement.

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Investigator's decision on behalf of the Ombudsman