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

The complaint

1. Mrs X complains the Council refused her application for home to school transport for her child. Mrs X says the Council has failed to consider the mental and physical impact of the decision the whole family and wants the Council to reverse its decision.
2. Mrs X complains the Council’s decision discriminated against her child.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
5. 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

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

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My assessment

8. The Council refused Mrs X’s application for school transport for her child, who has an Education, Health and Care (EHC) plan. Mrs X appealed the decision, but the appeals panel upheld it.
9. The Council sent me the papers from Ms X’s appeal. I can see Mrs X attended the panel hearing and presented her appeal. The Council considered the information Mrs X provided. The Council’s consideration included its statutory duties, the child’s EHC plan and the impact of school travel on her family. The Council also considered whether to apply its discretion in this case but decided not to.
10. Where a council acts in line with an agreed policy which has been properly determined we have no powers to intervene. That appears to be the case here.
11. It is not proportionate for us to investigate Mrs X’s complaint about discrimination by the Council. This is because we cannot decide whether the Council has breached the Equality Act 2010, and we are not investigating the substantive issue. I see no reason, in this case, why it would be unreasonable to expect Mrs X to take court action if she wants a definitive ruling on this point.

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Final decision

12. We will not investigate this complaint about school transport because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman