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

The complaint

1. Mr X complains the Council will not provide home to school transport for his daughter from two different home addresses. He appealed the Council’s decision. He complains about the Council’s handling of his appeal.

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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, or
• further investigation would not lead to a different outcome.

(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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s daughter is eligible for free home to school transport. She spends alternate weeks living with her father and her mother. Mr X asked the Council to provide transport from both parents’ addresses. The Council refused. He appealed the Council’s decision. He complains the Council failed to properly exercise its discretion.
6. The Council’s duties are set out in legislation and Government guidance. The Government says there is no expectation on councils to provide transport to and from two separate addresses.
7. The Council’s policy says the Council will only provide transport from one home address. It sets out how the Council will determine which address to use when parents have ‘shared care’ agreements.
8. The Council has followed its policy and complied with Government guidance. There is, therefore, not enough evidence of fault to justify an investigation.
9. Mr X believes the Council should make an exception to its policy in his case because he says there would be no additional cost to the Council. This is a decision for the Council, not the Ombudsman. The Council said there were no exceptional circumstances which justified providing transport for Mr X’s daughter to two addresses. Investigation would not lead to a different outcome.

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Final decision

10. We will not investigate Mr 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