Summary: We will not investigate this complaint about the Council’s decision to refuse the complainant’s application and appeal for school transport for her son. This is because there is insufficient evidence of fault on the Council’s part to warrant investigation.

The complaint

1. The complainant, Miss X, complains that the Council refused her application and appeal for education transport for her son.

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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. (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. Miss X’s son has special educational needs and an Education Health and Care plan which names a specialist college. Miss X says he was previously entitled to education transport provided by the Council. When he moved to the college he currently attends at the age of 18 the Council refused Miss X’s application for education transport.
6. The Council makes education transport for post-16 pupils on a discretionary basis, and has a two-stage appeal process. Miss X’s application completed the appeal process and was refused. Miss X believes the decision fails to address her son’s needs and the Council should make the provision.
7. We will not investigate this complaint because there is insufficient evidence of fault on the Council’s part. It is not for the Ombudsman to take a view on whether Miss X’s son qualifies for school transport. That is for the Council’s appeal panel to decide. The question for us is whether there is evidence of significant fault in the way the panel considered the matter and, if so, whether that had a demonstrable effect on the outcome. There is no such evidence.
8. The case documents show that Miss X had the opportunity to make representations and provide supporting evidence for the panel to consider. The weight the panel members gave to the case she made was a matter for their professional judgement. Having considered the evidence, the decision was for them to make.
9. Ms X disagrees with the panel’s decision but there is no evidence of fault in the way the panel members used their judgement. That being the case, the Ombudsman cannot criticise the decision or intervene to substitute an alternative view.

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Final decision

10. We will not investigate Miss X’s complaint because there is insufficient evidence of fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman