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

The complaint

1. Mr X complains about arrangements for his son’s home to school transport.

Back to top

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)

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X complains about the arrangements made by the Council for his son’s home to school transport. I have carefully considered everything he said, but I have included as few details as possible in my decision statement to protect the anonymity of Mr X and his son.
6. At the time of his complaint, Mr X’s son spent most of the school week living with his mother. The Council arranged transport from his mother’s house on three days a week and paid her a personal travel budget to arrange transport for the remaining two days.
7. Mr X and his son’s mother have been unable to make this arrangement work.
8. Mr X wants the Council to arrange transport from his house on the days his son stays with him. He says there are practical difficulties which prevent him taking his son to his mother’s house for transport on to school, and in any case the longer journey causes him unnecessary fatigue.
9. The Council considered Mr X’s request through its two-stage appeals process. At the second stage, Mr X presented his case to an independent appeal panel. The appeal panel did not agree to change the transport arrangements.
10. Unhappy with the outcome, Mr X complained to us.
11. We are not another appeal and we do not decide what arrangements the Council should make for Mr X’s son’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 Mr X disagrees.
12. 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.
13. The Council considered all the information Mr X presented 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.

Back to top

Final decision

14. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman