Summary: We will not investigate Miss X’s complaint about home to school transport for her child. There is not enough evidence of fault in the Council’s decision making process.

The complaint

1. Miss X complained the Council failed to properly consider the needs of her child when deciding on home to school transport.
2. Miss X said the decision has left her child upset, angry and made them not want attend school.

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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. Miss X said the travel arrangements in place are having a serious and negative impact on her child. She said the appeal panel did not properly consider this when making its decision.
7. The Council followed statutory guidance and allowed Miss X a two-stage appeal. An independent panel considered the second stage appeal, and Miss X attended it.
8. Miss X could present her case to the panel and explain why the travel arrangements are unsuitable.
9. The panel considered the views of Miss X. It said there was no evidence in her child’s education and healthcare plan that showed a need for the transport requested.
10. However, it did acknowledge certain issues with the existing arrangement. The Council committed to addressing these issues in its outcome letter to Miss X.
11. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
12. There is not enough evidence of fault in how the Council made its decision. I therefore cannot question whether that decision was right or wrong.

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Final decision

13. We will not investigate Miss X’s complaint because there is not enough evidence of fault in the Council’s decision making process.

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Investigator's decision on behalf of the Ombudsman