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 justify an investigation.

The complaint

1. Ms X complains the Council made a decision to withdraw a free school bus service used by her child. She says the safety assessment of the walking route was carried out by an agency which was not sufficiently independent of the Council.
2. Ms X also complains the appeal panel who considered the complaint was not independent. She is seeking a further safety review and appeal.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council reviewed a free school bus service it had been providing and decided it will be withdrawn. Ms X complained the walking route to school is unsafe.
7. The Council considered the reasons Ms X said the route was unsafe and provided a detailed response explaining why it believes the walking route is safe enough for the bus service to be withdrawn.
8. The Council commissioned an independent safety review of the walking route before it made its decision. The fact the review was carried out by an agency which has a contractual relationship with the Council does not mean the review is not independent.
9. The appeal panel also walked the route to consider parents’ concerns when it made its decision. The panel identified some work the Council will undertake to address some of the issues raised.
10. Ms X has also complained the appeal panel were not sufficiently independent.
11. The panel members being involved in Council budgets or forming part of a team which includes the original decision makers does not prevent them from being independent in carrying out the appeal.
12. The appeal decision shows how the panel has considered each of the concerns raised and assured itself the decision is in line with Council policy and legal duty.
13. If we were to investigate this complaint, it is unlikely we would find fault in the way the Council has made its decisions.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman