Summary: We will not investigate Ms X’s complaint about post-16 transport for her daughter because there is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complains the Council refused her application for post-16 home to college transport for her daughter, G.

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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, and
• we cannot achieve the outcome someone wants.

(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 accepts Ms X’s daughter cannot travel to college independently. The Council offered financial support in the form of a personal travel budget.
6. Ms X appealed the Council’s offer. She wants the Council to arrange transport. She said that her husband works and is unable to help, and she is unable to take G to college because she has a younger child to take to school at the same time.
7. The Council considered Ms X’s appeal at both stages of its appeals process. The Council decided that it would be reasonable for Ms X’s younger child to travel to school independently so Ms X could take G to college. The Council did not uphold Ms X's appeal.
8. Ms X objects to the Council’s decision. She says she does not consider her younger child is old or mature enough to travel to school independently.
9. We do not decide whether the Council should arrange transport for Ms X’s daughter. This is the Council’s job. Our role is to check the Council made its decision properly. We check the Council took account of relevant legislation, Government guidance and Council policies. We cannot question Council decisions made without fault, no matter how much Ms X disagrees. We are not another appeal.
10. Similarly, we do not decide whether Ms X’s younger child should travel to school independently.
11. There is not enough evidence of fault in the Council’s decision to justify an investigation by us. The appeal papers show the Council considered the family’s circumstances and all the evidence provided by Ms X.

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Final decision

12. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman