Summary: We will not investigate this complaint about the Council’s decision to withdraw a free school bus service. This is because there is not enough evidence of fault to warrant an investigation.

The complaint

1. Ms X complains the Council made a decision to withdraw a free school bus service used by her children. She says the panel who decided an appeal about the decision was not independent.
2. Ms X is seeking a further review of the decision and a new appeal with a different panel.

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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 we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome. (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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council reviewed a free bus route it runs which is used by Ms X’s children and made a decision to withdraw that service.
7. Ms X complained to the Council on the basis the walking route to school is unsafe.
8. The Council considered the reasons Ms X said the route was unsafe and provided a detailed response explaining why it believes the decision in line with both its policies and statutory duties.
9. The Council has commissioned an independent safety review of the walking route in deciding it is a safe option, and the appeal panel walked the route and identified work to be done to ensure that it is suitable.
10. Ms X has further complained the appeal panel was not suitably independent. Independent for this purpose does not mean that panel members cannot have any interest in the decision in a professional capacity.
11. The panel members having an interest in budgets or being members of the same team as the decision makers does not mean they cannot be independent in carrying out the appeal.
12. The appeal decision shows the Council has considered each of the concerns raised and assured itself the decision is in line with Council policy and legal duty and has explained its reasoning.
13. If we were to investigate this complaint, it is unlikely we would find fault in how the Council has reached its decisions.

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Final decision

14. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman