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

The complaint

1. Ms X complains about the Council’s decision to refuse her application and appeal for home to school transport for 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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. I have carefully considered everything Ms X said, although I have not included every detail here. I have included as few details as possible to protect the anonymity of Ms X and her daughter.
6. The Council refused Ms X’s application because she lives less than the statutory walking distance from the school. This is the distance the Government has decided a child can walk to school.
7. Ms X appealed the Council’s decision. She said her daughter was unable to walk to school safely because of her special educational needs, and she could not accompany her because of her own health conditions. Ms X declined the Council’s invitation to attend the appeal hearing.
8. Ms X’s appeal was unsuccessful. The appeal panel concluded Ms X had not provided enough evidence to show that she, or another adult, would be unable to accompany her daughter on the short walk to school.
9. Unhappy with the outcome, Ms X complained to us.
10. We do not decide whether the Council should provide transport for Ms X’s daughter. This is the Council’s job. 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.
11. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify an investigation. It is for the appeal panel to evaluate the evidence Ms X provided and decide whether it is sufficient. The panel concluded it was not.

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Final decision

12. 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