Summary: We will not investigate Ms X’s complaint about the Council’s handling of her child’s school transport assistance application. This is because it was reasonable for her to ask the Council for an appeal by an independent panel.

The complaint

1. Ms X complains about the Council’s handling of her child’s school transport assistance application. She complains the Council applied its policy too rigidly. She is also concerned about the impartiality of the Council’s independent appeal panel.

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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 it would be reasonable for the person to ask for a council review or appeal. (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 Ms X and the Council.
4. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council refused Ms X’s application for school transport assistance because her child was not attending their nearest available school. Ms X asked the Council for a review, however the Council upheld its decision on review. It told Ms X she could ask for a review by an independent appeal panel but that it would likely reach the same outcome. Ms X complains the Council applied its school transport policy too rigidly. She also has concerns about the impartiality of the appeal panel.
6. The Council’s review decision gave her a further appeal right of appeal to an independent panel. The Council told us it has not received an appeal request from Ms X. I consider it was reasonable for her to use that appeal process if she disagreed with the Council’s decision. This is the appropriate process to challenge the decision, rather than the Council’s complaints procedure.
7. I acknowledge Ms X’s concerns about the Council’s advice regarding the likely outcome of the appeal. However, I do not consider that advice prevented Ms X from appealing or made it unreasonable for her to appeal. I also do not consider that it meant the panel pre-determined its outcome. The advice appears to have been intended to manage Ms X’s expectations about the possible outcome.
8. The appeal process remains open to Ms X. If she is dissatisfied with the panel’s decision then she can complain to us again at that time. However, at this stage it is premature for us to assess or investigate the Council’s decision before Ms X has completed the Council’s internal appeals process. Therefore, as it was reasonable for Ms X to ask the Council for an appeal by an independent panel, I will not investigate her complaint.

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Final decision

9. We will not investigate Ms X’s complaint because it was reasonable for her to ask the Council for an appeal by an independent panel.

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Investigator's decision on behalf of the Ombudsman