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

The complaint

1. Ms X complains about the arrangements for her daughter’s home to school transport. She wants the Council to provide transport to two addresses used by her daughter.

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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)

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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. Ms X and her daughter’s father are separated. Her daughter spends time at both their homes. The Council provides home to school transport from Ms X’s address.
6. Ms X asked the Council to provide transport from both parents’ addresses. The Council declined. Unhappy with the Council’s decision, and its handling of her request, Ms X complained to us.
7. We are not an appeal and we do not decide what arrangements the Council should make for Ms X’s daughter’s school transport. Our role is to check the Council made its decision properly. We cannot question decisions taken without fault, no matter how strongly Ms X disagrees.
8. The Government says that where a child’s parents do not live together and the child spends part of the week with each parent, there is no expectation councils will provide transport to and from two separate addresses.
9. The Council considered Ms X’s request but did not agree to provide transport to and from two separate addresses. There is not enough evidence of fault to justify an investigation by us.

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Final decision

10. 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