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

The complaint

1. Mr F complains the Council refused his application, and subsequent appeal, for home to school transport for his daughter. He says the Council provides transport to the same school for an older sibling, and for other local children. He thinks the Council’s decision is unfair.

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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 an investigation. (Local Government Act 1974, section 24A(6), as amended)

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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. The Council refused Mr F’s application for home to school transport because his daughter does not attend the nearest suitable school.
6. Mr F appealed the Council’s decision and explained why he wanted his daughter to attend the school. I have not included the details here to ensure Mr F’s anonymity.
7. The Council considered Mr F’s appeal but decided the reasons he gave did not justify the Council providing transport. Unhappy with the outcome, Mr F complained to us.
8. We do not decide whether the Council should provide transport for Mr F’s daughter. Our job is to check the Council followed the relevant legislation, government guidance and Council policies. We cannot question Council decisions taken without fault, no matter how strongly Mr F disagrees. We are not another appeal.
9. There is not enough evidence of fault to justify an investigation by us.

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Final decision

10. We will not investigate Mr F’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