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

The complaint

1. Mr F complains about the Council’s offer of a personal travel budget for his daughter G’s post-16 home to college transport. Mr F wants the Council to provide transport with an escort as it has done in the past.

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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, or
• 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. We do not decide whether the Council should provide transport for Mr F’s daughter. This is the Council’s job. Our role is to check the Council followed the relevant legislation, Government guidance and Council policies. We check the Council took account of all relevant evidence, and the process was fair. We cannot question Council decisions taken without fault, no matter how strongly Mr F disagrees. We are not another appeal.
6. Mr F appealed the Council’s decision. At the second stage of the Council’s appeals process, an independent panel considered G’s case. Mr F attended the hearing to answer questions from the panel. The panel considered all the evidence and decided not to provide transport. I have not included the reasons here to ensure Mr F’s anonymity.
7. There is not enough evidence of fault to justify an investigation by us.

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Final decision

8. We will not investigate Mr F’s complaint because there is not enough evidence of fault to justify an investigation by us.

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Investigator's decision on behalf of the Ombudsman