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

The complaint

1. Ms M complains about the suitability of home to school transport arrangements proposed by the council for her daughter, G. The Council has offered transport in a shared taxi. Ms M wants to travel with G in the taxi as an escort. The Council says there is not enough room for Ms M to accompany G.
2. Ms M has been making alternative arrangements for G’s transport but says she cannot afford to continue.

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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, 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

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

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My assessment

6. We do not decide whether the Council should allow Ms M to travel with G as an escort. This is the Council’s job. Our role is to 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 decisions taken without fault, no matter how strongly Ms M disagrees. We are not another appeal.
7. Ms M appealed the Council’s decision. She provided a lot of evidence. The minutes from the appeal hearing and the decision letter from the Panel show the Council considered all the evidence Ms M provided. The panel did not agree to Ms M’s request to travel in the taxi with G as an escort. The panel said that Ms M and G should give the taxi a chance.
8. There is not enough evidence of fault in the decision to justify an investigation by us. We cannot 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, therefore, no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman