Summary: We will not investigate this complaint about home to school transport to a second home address because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council refused his application and appeal for home to school transport for his son, B.

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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 we 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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. I have carefully considered everything Mr X said, although I have not included every detail here. I have included as few details as possible to protect the anonymity of Mr X and his family.
6. Mr X’s son spends alternate weeks living with Mr X and his mother. The Council provides home to school transport from his mother’s home. Mr X asked the Council to provide transport from his home as he has equal shared care of his son. The Council declined. Mr X appealed the Council’s decision. His appeal was unsuccessful. Unhappy with the outcome, Mr X complained to us.
7. We are not another appeal. We do not decide whether the Council should provide transport from Mr X’s home. Our job is to check the Council made its decision properly.
8. Government guidance says that where parents do not live together and the child spends time with each parent, there is no expectation councils will provide school transport to and from two different addresses.
9. The Council considered Mr X’s request but decided there were no exceptional circumstances which justified providing transport.
10. There is not enough evidence of fault to justify an investigation.

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Final decision

11. We will not investigate Mr 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