Summary: We will not investigate this complaint about special educational needs transport. We are unlikely to find fault with the Council.

The complaint

1. Miss X complains the Council failed to provide suitable transport for her child, Y, to attend educational provisions in line with Y’s Education, Health and (EHC) Care Plan. Miss X says this means she has had to privately fund an alternative transport provider and wants the Council to reimburse the money.

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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. (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 arranged transport, a taxi service, for Y to attend educational provision in line with their EHC Plan. After using the taxi for the first time, Miss X considered the taxi unsuitable for her and Y’s needs. She asked the Council to provide an alternative provider. The Council refused to do so because the service it had arranged was in line with the EHC Plan.
6. Miss X has since said the EHC plan was not a true reflection of Y’s circumstances and has asked for a review. We are unlikely to find fault with the Council for providing a service that followed the EHC Plan at the time.
7. After the Council refused to arrange an alternative provider, Miss X privately sourced one and asked the Council if it would reimburse her the costs. The Council did not agree to this but said it would reimburse some mileage. Miss X chose to use the privately source alternative provider anyway. We are unlikely to find fault with the Council for not agreeing to reimburse Miss X.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman