Summary: We will not investigate Ms X’s complaint about the Council’s decision to recover money paid to her for her daughter’s home to school transport because there is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complains the Council is seeking to recover more than £9,000 paid to her as a “direct travel payment” to arrange home to school transport for her daughter, G.
2. Ms X does not believe the Council has the power to reclaim the money, and she thinks the Council’s expectations for her daughter’s school attendance are unreasonable.

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The Ombudsman’s role and powers

3. 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)

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How I considered this complaint

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

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My assessment

6. The Council made a “direct travel payment” to Ms X so she could arrange home to school transport for her daughter. Conditions for use of the payment are set out in the Council’s policy and the direct travel payment agreement.
7. Ms X’s daughter’s school attendance fell below 80%, so the Council decided to recover money it had paid for her school transport on the days she did not attend school. The Council obtained attendance data from the school and calculated the amount owed based on the number of days G had missed.
8. Ms X objected and complained to the Council. She said she thought the Council’s attendance expectations were unreasonable, and she did not believe the Council had the power to recover the money.
9. The Council explained its actions with reference to its policy and the agreement signed with Ms X.
10. Unhappy with the Council’s response, Ms X complained to us.
11. The Council is seeking to recover money it paid to cover the cost of G’s school transport on days she did not attend school. The Council has explained its decision with reference to its policies and the agreement signed by Ms X. There is not enough evidence of fault to justify an investigation by us.

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Final decision

12. We will not investigate Ms X’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