Summary: We will not investigate this complaint about the suitability of transport the Council has arranged for Ms X’s child to travel to school. This is because there is not enough evidence of fault to warrant an investigation.

The complaint

1. Ms X complains that although the Council has provided free transport to school for her child, it is unsuitable for his needs. She says her child has been out of school as a result.
2. Ms X is seeking a different form of support; she would like the Council to provide a budget for her to take her child to school or arrange a taxi for his sole use.

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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, section 34(B))

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How I considered this complaint

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

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My assessment

6. The Council has assessed Ms X’s child and agreed he cannot access school without support.
7. The Council provided a shared taxi which takes Ms X’s child to and from school with other children.
8. Ms X told the Council the taxi was not suitable for his needs as her child needs more space. The Council considered the information provided and has accommodated a seating arrangement to provide more space for him.
9. Ms X has asked the Council to provide a taxi for her child’s sole use or for him to be collected last and dropped off first to reduce his journey times.
10. The Council has explained the taxi’s journey is planned according to distance from the school to ensure that all children have the shortest travel time. Accommodating Ms X’s request would increase the journey time for other children.
11. The Council has confirmed that it will assess any evidence Ms X can provide to support her request for a solo use taxi.
12. The Council is required to provide travel support for eligible children, but it is not prescribed in law how it will do this. There is therefore no duty on the Council to meet Ms X’s exact requirements.
13. The Council has shown it has considered her child’s needs and tried to accommodate them through changes to the support it is providing. It has also confirmed it will assess any further evidence Ms X can provide to consider whether it should go further.
14. If we were to investigate this complaint it is unlikely we would find fault as the Council has provided free transport to school based on its assessment of Ms X’s child’s needs. It has made changes to try to make the transport more suitable and remains willing to make further changes if needed.
15. Ms X can still go back to the Council with evidence in support of her request for a change to the transport support currently in place.

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Final decision

16. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman