Summary: We will not investigate this complaint about problems with home to school transport. This is because the Council has agreed to an appropriate remedy for the identified injustice.

The complaint

1. The complainant, whom I shall refer to as Miss X, complained about problems with her child’s home to school transport. Miss X says that on four occasions transport failed to arrive meaning Miss X had to provide transport causing distress and inconvenience. The Council has paid Miss X a mileage rate, but she does not consider this to be a sufficient remedy.

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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’. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)
4. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X’s child has SEN and receives free home to school transport provided by the Council. Miss X complained to the Council about four occasions when transport did not arrive and she had to transport her child. The Council accepted the transport did not arrive as scheduled. It apologised and offered Miss X a mileage allowance. We have previously investigated a similar complaint from Miss X and found the Council to be at fault.
8. The Council was clearly at fault when the transport it has a duty to provide did not arrive. While the mileage allowance offered by the Council may cover costs such as petrol, it does not remedy the distress and inconvenience caused. We therefore asked the Council to remedy this injustice by making a payment of £100 to resolve the complaint early. To its credit, the Council agreed to our invitation. It should make the payment within four weeks of this decision.

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Final decision

9. We will not investigate Miss X’s complaint because the Council has offered a suitable remedy for the identified injustice.

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Investigator's decision on behalf of the Ombudsman