Summary: We will not investigate this complaint about school transport. This is because we are unlikely to find fault with the Council.

The complaint

1. Mrs X complains about the taxi service that transports her daughter, Y, to school. Mrs X says the smells in the taxi caused distress to Y who has Special Educational Needs. She further complains the passenger assistant could not properly communicate with Y. Mrs X wants the Council to provide an assistant who does not have a strong accent and reduce strong smells in the taxi.

Back to top

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))
3. 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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mrs X complained the taxi service that transports Y to school is not suitable for Y’s needs. Mrs X says her daughter was distressed by the strong smells in the taxi and the passenger assistant’s strong accent meant Y could not properly understand them. Mrs X asked the Council for reasonable adjustments to meet Y’s needs.
7. Y has an EHCP which shows Y has sensory processing difficulties and is over responsive to smells.
8. I am satisfied the Council took steps to address Mrs X’s concerns and ensure Y’s need were met. The Council said the transport operator made a reasonable adjustment to reduce the cleaning of the taxi for Y’s comfort. The Council also arranged for different passenger assistants to accompany Y and offered a meet and greet with the assistant. It also told Mrs X she could apply for a personal travel budget. This would enable Mrs X to make her own travel arrangements and choose a suitable passenger assistant. We are unlikely to find fault with how the Council dealt with this part of the complaint.
9. Mrs X also asked for a passenger assistant whose first language was English. The Council explained to Mrs X it could not agree the reasonable adjustment because it cannot discriminate against people who are not English or because English is not their first language. It asked Mrs X to provide evidence that Y suffers anxiety or trauma because of accents. The Council was entitled to ask for this.
10. I understand Mrs X wants the Council to agree to the reasonable adjustment without her needing to provide evidence. However, I am satisfied the Council properly considered Mrs X’s request and explained why it cannot agree to her request. We are unlikely to find fault with how the Council handled Mrs X’s request for reasonable adjustments.

Back to top

Final decision

11. We will not investigate Mrs X’s complaint because we are unlikely to find fault with the Council.

Back to top

Investigator's decision on behalf of the Ombudsman