West Berkshire Council (23 001 709)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council refusing to provide transport for Miss X’s son to attend two school trips. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X.
The complaint
- Miss X complains the Council refused to provide transport for her son to attend a trip that was linked to his educational course. She also complains the Council refused to provide transport to enable her son to attend an exhibition which she says would have helped her son find out more about higher education.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X’s son, Mr A, was asked to attend an exhibition on higher education. An investigation is not justified on this complaint point as we are not likely to find fault with the Council’s decision to refuse transport. This is because the Council has explained the trip was not linked to Mr A’s educational course. Therefore, the Council properly considered the request before making its decision to decline, which was in line with its policy.
- However, if we were to investigate it is likely we would find fault causing the complainant injustice regarding the second trip. This is because the Council had information the trip to the gallery was directly related to Mr A’s course from the start as the original email forwarded by Miss X noted the trip was directly linked to the grading criteria and she specifically highlighted the trip was related to her son’s course. In addition, there was no rationale given as to why the Special Educational Needs manager decided the request could not be agreed under the transport policy. It was just stated it could not be agreed.
- Therefore, I am not satisfied the Council properly considered Miss X’s request and there was a missed opportunity for the Council to agree to the request earlier.
- I am satisfied the likely fault did not cause Mr A any injustice. This is because Miss X mitigated any injustice by arranging to transport her son herself. I acknowledge the Council has offered Miss X £50 to reimburse her travel expense. This was appropriate.
- However, I also consider a personal remedy for Miss X would be appropriate to recognise the distress, frustration, and time and trouble caused by the likely fault. I therefore invited the Council to also make an additional £100 financial payment to Miss X to recognise the injustice caused to her by the likely fault. The total financial payment to make to Miss X is £150.
Agreed action
- To its credit, the Council has agreed to resolve the complaint and will complete the above within four weeks of the final decision.
Final decision
- We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X.
Investigator's decision on behalf of the Ombudsman