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

The complaint

1. Ms X complains the Council refused her application and appeal for home to school transport for her son. She does not consider the walking route safe.

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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, or
• there is no worthwhile outcome achievable by our investigation.

(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. Ms X complains about the Council’s decision not to provide free home to school transport for her son. The Council declined Ms X’s application because she lives less than the statutory walking distance from the school. This is the distance the Government considers it reasonable for a child of Ms X’s son’s age to walk to school, accompanied as necessary. Ms X appealed the Council’s decision and explained why she considers the route is unsafe for her son to walk.
6. I have carefully considered everything Ms X said, although I have not included every detail here. I have included as few details as possible to protect the anonymity of Ms X and her son.
7. The Ombudsman is not another appeal. We do not decide whether the Council should provide transport for Ms X’s son. We cannot question Council decisions taken without fault, no matter how strongly Ms X disagrees.
8. The Council explained why it considers the route is safe for a child of Ms X’s son’s age to walk, accompanied as necessary.
9. There is not enough evidence of fault to justify investigating Ms X’s complaint. Investigation would not lead to a different outcome. There is, regrettably, no worthwhile outcome achievable.

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Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman