Summary: We will not investigate this complaint about the Council’s decision not to increase the support it has awarded for Mr X to travel to his post 16 education. This is because there is not enough evidence of fault to warrant an investigation.

The complaint

1. Mr X’s parent, Ms A complains the Council has awarded her son with a personal transport budget which will not cover the cost of his travel to and from education.
2. Ms A says this has caused stress and anxiety about how Mr X will continue his education. She says she did not properly understand the appeal process and would like another opportunity to provide more evidence.

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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. Mr X attends full time post 16 education. He has an Education, Health and Care plan and it is agreed that he would not be able to travel independently.
7. Ms A applied for support for his transport to education, which the Council has approved. It has agreed to provide a Personal Transport Budget which the family can use to help him attend.
8. Ms A appealed the decision as she said it will not cover the cost of transport.
9. The appeal panel considered the information provided and explained its conclusion that Mr X has not shown his circumstances are exceptional. It therefore agreed the provision of a personal transport budget is in line with the Council’s policy and its statutory duties.
10. Ms A complained to this office that she had not understood the appeal process properly. The Council has provided copies of the appeal application and supporting evidence. The documents give no indication that Ms A may need any adjustments in communication or help to understand the process.
11. Ms A has indicated on the application that she understands the documents. I have seen Ms A provided relevant evidence during the process, so I cannot see any reason for the Council to have identified any additional communication needs.
12. On this basis, it is unlikely we would find any fault in what the Council has decided and how it made its decision. We would not therefore be able to recommend the Council to carry out a further appeal as Ms A is seeking.

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Final decision

13. We will not investigate Mr A’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