Summary: We will not investigate Ms X’s complaint about her request for her son’s school transport to drop him off a different venues because there is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complains the Council refused her request for her son’s school transport to drop him off at different venues so she can accompany her daughter to afterschool activities.
2. She complains his transport failed to arrive on the morning of 13 January.

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The Ombudsman’s role and powers

3. 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)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. (Local Government Act 1974, section 26(5))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council provides home to school transport for Ms X’s son.
8. Ms X accompanies her daughter to afterschool activities three times a week. She asked the Council if her son’s school transport could drop him off at the venues where the afterschool activities take place. The Council refused. Unhappy with the Council’s response, Ms X complained to us.
9. The law says councils must provide home to school transport for eligible children.
10. It defines home to school transport as “travel arrangements relating to travel in both directions between the child's home and the relevant educational establishment in question in relation to that child.”
11. The Council is not required to provide transport to or from any other venue.
12. While I appreciate it would make Ms X’s life easier if the Council dropped her son off at the venues where she attends afterschool activities with her daughter, the Council is not required to do so.
13. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify an investigation.
14. Ms X complained to us about other matters connected with her son’s transport, including the failure of the transport to arrive on the morning of 13 January. These matters were not included in Ms X’s complaint to the Council. The Council must have an opportunity to respond before we can consider Ms X’s complaint.

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Final decision

15. 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