Summary: We will not investigate Ms X’s complaint about the Council’s home-to-school transport arrangements for her child. This is because, at our invitation, the Council agreed to conduct a new Independent Review appeal to consider the transport arrangements. We consider this a suitable remedy.

The complaint

1. Ms X complains about the Council’s home-to-school transport arrangements for her child. She says these are unsuitable because her child is missing an additional learning hour. She also says the Council did not consider exceptional circumstances.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended

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How I considered this complaint

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. If we were to investigate, it is likely we would find fault causing Ms X injustice. The Council considered the matter under its Corporate Complaints Process instead of the transport appeals process. Ms X says the transport arrangements are unsuitable and there are exceptional reasons to depart from the policy. The Council should have considered the issue using the appeals process in the Council’s Mainstream School Travel Assistance Policy.

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Agreed actions

6. The Council agreed to resolve the matters in paragraph 5 and will do the following to put things right:
1. Conduct a new Stage 2 Review by an independent appeal body. The new appeal should use the same information Ms X previously submitted.
2. Write to Ms X with the new appeal outcome.
3. Keep a clear, contemporaneous record of the Independent Review Panel’s decision-making.
7. The Council will complete these points within one month of the date of this decision statement.

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Final decision

8. We have upheld this complaint because the Council has agreed to resolve the matter early by agreeing to conduct a new independent review to consider the home-to-school transport arrangement for Ms X’s child.

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Investigator's decision on behalf of the Ombudsman