Summary: We will not investigate this complaint about a child’s eligibility for home to school travel assistance. The complaint is late, and it was reasonable for Ms X to have complained to us sooner.

The complaint

1. Ms X complained the Council decided her child did not meet the criteria for home to school travel assistance.
2. Ms X said this caused distress and financial hardship.
3. Ms X wants the Council to reimburse her for the costs she incurred transporting her child to and from school for three years and offer a symbolic financial remedy to recognise the time and trouble Ms X experienced pursuing the matter.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

6. I considered information provided by Ms X.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The 12-month period runs from the day the person affected had notice of the matters alleged in the complaint i.e. the actions complained about.
9. Ms X was aware of the Council’s decision that her child was not eligible for home to school transport assistance in 2023 and appealed it at the time.
10. We will not investigate this complaint. The complaint is late, and it was reasonable to expect Ms X to have complained to us sooner.

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Final decision

11. We will not investigate Ms X’s complaint because it is late, and it was reasonable to expect her to have complained to us sooner.

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Investigator's decision on behalf of the Ombudsman