Summary: We will not investigate this complaint about school transport because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr F complained the Council refused his application and subsequent appeal for a bus pass for his daughter G’s school transport.

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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,
• 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

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 refused Mr F’s application because the school is less than the statutory walking distance from Mr F’s home. The statutory walking distance is three miles for a child of Mr F’s daughter’s age. The route must be safe for a child to walk, accompanied if necessary.
6. Mr F argued the proposed route was not safe for his daughter to walk alone. He said a safe route was more than three miles. He asked the Council to provide a bus pass. He said the Council provided a bus pass for G’s older brother who attends the same school.
7. I can see that Mr F and the Council discussed his concerns about the safety of the proposed route. I have familiarised myself with the routes using online tools.
8. We do not decide whether the Council should provide a bus pass for Mr F’s daughter. This is the Council’s job. Our role is to check the Council followed relevant legislation, Government guidance and Council policies. We cannot question Council decisions taken without fault, no matter how strongly Mr F disagrees. We are not another appeal.
9. The Council proposed a route it considers suitable for a child to walk, accompanied if necessary. The route is less than three miles. The Council has followed the relevant legislation and Government guidance. There is not enough evidence of fault in the Council’s decision to justify an investigation. We cannot achieve the outcome Mr F wants. There is, regrettably, no worthwhile outcome achievable.

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Final decision

10. We will not investigate Mr F’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