Summary: We will not investigate this complaint about school transport because there is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complains about arrangements for her son’s home to school transport.

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The Ombudsman’s role and powers

2. 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 we 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)

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How I considered this complaint

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

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My assessment

5. Ms X is separated from her son’s father. Her son spends time with both parents. The Council agreed to provide home to school transport to and from both parents’ homes because they both live on the transport route.
6. Ms X complains about the arrangements made by the Council. She complains the Council has taken instructions from her son’s father and failed to take account of court documents she provided. She said this risked her son being left at a home where there was nobody to receive him.
7. The Council explained it had procedures to ensure children were never left in such circumstances. The Council said it only had a duty to provide transport to and from a single address. It said it was willing to continue to provide transport to and from both parents’ addresses, but they must agree a schedule in writing first. The Council said it would suspend transport from the beginning of the autumn term if the parents had not provided the schedule. The Council suggested ways the parents could address their differences, including mediation.
8. Ms X believes the Council is being unreasonable. She says the Council is “weaponizing” a statutory service to which her son is entitled. She says her work commitments and the Child Arrangement Order should dictate the transport arrangements. She offered to send evidence, including evidence from her son’s school about the impact of any disruption on him.
9. We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council. The Council provided transport. It is for the parents to reach an agreement about which address to use and when. I appreciate this can be difficult, but that is no concern of the Council.

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Final decision

10. 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