Summary: We will not investigate Ms X 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 free home to school transport for her daughter. She does not believe the Council properly considered her daughter’s special educational needs.

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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 daughter. The Council declined Ms X’s application because her daughter does not attend the nearest suitable school. Ms X appealed the Council’s decision and explained why she considers the school she has chosen is the nearest suitable school.
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 daughter.
7. The Ombudsman is not another appeal. We do not decide whether the Council should provide transport for Ms X’s daughter. We cannot question Council decisions taken without fault, no matter how strongly Ms X disagrees.
8. The Council sent me the papers from Ms X’s appeal. I can see the Council considered all the information Ms X provided.
9. Government guidance sets out the circumstances in which the Council must provide transport to the “nearest suitable school”. These circumstances apply to Ms X’s daughter. However, the guidance also says that the “suitable school” does not mean the most suitable school for a child. Schools are able to meet a wide range of needs.
10. 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

11. 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