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

The complaint

1. Ms X complains the Council has not properly considered the relevant circumstances when it made its decision not to provide transport to education for her post 16 year old child.
2. Ms X says the Council has caused significant distress and anxiety and is seeking an investigation into how the Council made its decisions.

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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.

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How I considered this complaint

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

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My assessment

6. Ms X applied for transport to education for her 16 year old child. The Council made a decision it would not provide any support for this.
7. Ms X complained and explained their family circumstances including additional needs of her child and other family members.
8. The Council detailed its consideration of the circumstances against its policy and explained why it had reached the view that the original decision was sound.
9. Following a stage two appeal by Ms X, an independent panel considered the family circumstances and set out how it relates to the Council’s policy for discretionary support for post 16 year olds.
10. It detailed its considerations and conclusion the original decision should stand.
11. There is no duty on the Council to provide transport for post 16 year olds, even if they have an Education, Health and Care plan. The duty is for the Council to have a policy for how it will consider applications for this, which it does.
12. I have also seen the Council’s responses show it considered Ms X’s information and explained its reasoning for reaching the decision it has.
13. As the Council has set out its consideration of Ms X’s family’s circumstances against its policy, it is unlikely we would find fault with how it reached its decision.

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Final decision

14. 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