Summary: We will not investigate this complaint about how the Council decided home to school transport. There is not enough evidence of fault in the Council’s decision making to warrant further investigation.

The complaint

1. Mrs X complains the Council failed to correctly consider her request for home to school transport for her son.
2. She says this has resulted in the Council not granting transport which will make it difficult for her son to get to 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, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

7. I appreciate Mrs X feels the Council should have considered discretion to her son’s home to school transport application including his reasons for choosing the school. The Ombudsman is not an appeal body; we consider whether there was fault in the Council’s decision-making process. If we consider it followed the process correctly, we cannot question whether the decision was right or wrong.
8. I am satisfied the Council considered relevant information and Mrs X’s comments when deciding whether to grant home to school transport. There is not enough evidence of fault in the Council’s decision making to warrant further investigation.

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Final decision

9. We will not investigate Mrs 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