Summary: We will not investigate this complaint about the Council’s decision to refuse free school transport for Miss X’s child. This is because there is not enough evidence of fault in how it reached its decision.

The complaint

1. Miss X complained that the Council failed to consider her child’s individual needs, and the circumstances of the family, when it refused to provide them with free school transport. Miss X says that the actions of the Council has caused her significant stress, instability and hardship.

Back to top

The Ombudsman’s role and powers

2. We consider 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
• any injustice is not significant enough to justify our involvement.
  (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by the complainant, the Council and the Council’s education transport policy.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. The evidence in this case appears to show that the Council conducted a two-stage appeal process. It appears to have considered the individual needs of the child, along with those of Miss X and her family.
6. The Council has provided Miss X with the reasons for its refusal. These include the child not being currently in receipt of an EHCP and that they are not attending their nearest school. However, the Council note that they have provided ‘travel assistance’ by way of financial payment, as per its education transport policy.
7. I have considered the steps the Council took to consider the issue, and the information it took account of when deciding to refuse to provide free school transport to Miss X’s child. In making its decision, the Council appears to have taken account of the relevant guidance, information from Miss X, and its own policies.
8. The Council appears to have followed the appropriate procedures when making this decision and therefore there does not appear to be enough evidence of fault to justify investigating.

Back to top

Final decision

9. We will not investigate Miss X’s complaint because there is not enough evidence of fault in how it reached its decision.

Back to top

Investigator's decision on behalf of the Ombudsman