Summary: We will not investigate this complaint about education transport. There is not enough evidence of fault by the Council to warrant investigation.

The complaint

1. Ms X complains about the Council’s decision to refuse long-term solo home-to-school transport for her child, Y. She says this caused distress and anxiety for both her and Y.

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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. (Local Government Act 1974, section 24A(6), as amended, section 34(B)
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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. Ms X says that following a temporary, individual home-to-school transport arrangement for Y, the Council failed to properly assess the arrangement, leading to the withdrawal of the service. As a result, this left Y without individual transport. Ms X believes the shared alternative offered fails to meet her child’s needs.
7. Ms X appealed the decision. The Council’s appeal panel considered the appeal, including evidence of the temporary transport arrangement and discussions with Ms X and the Council. The appeals panel notes show the panel considered the information provided and that alternative home-to-school transport options were discussed. It decided to refuse the appeal.
8. We will not investigate this complaint. It is not for the Ombudsman to decide whether Ms X’s child requires the provision of solo transport. That is for the panel. The weight the panel chose to give to each piece of evidence was a matter for the members’ professional judgement.
9. Although Ms X disagrees with the decision, this is not evidence of fault. We do not act as an appeal body and can only consider if there was fault in the way the Council made the decision. There is insufficient evidence of fault on the panel’s part. That being the case, we cannot intervene to criticise the decision, or substitute an alternative view.

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Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council to warrant investigation.

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Investigator's decision on behalf of the Ombudsman