Summary: We will not investigate this complaint about the Council’s failure to investigate concerns about the operation of the Council’s Home to School Appeals Panel. This is because there is not enough evidence of fault by the Council and the injustice complained of has not yet occurred.

The complaint

1. Mr X is an elected councillor. Mr X complains the Council failed to properly investigate his concerns about the way its Home to School Transport Appeals Panel (“the Panel”) operates. Mr X says this has caused him significant professional distress as he believes the decision is affecting local families. Mr X wants the operation of the Panel independently reviewed, clearer guidance and training for appeal members and an improvement in transparency.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

5. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

6. Mr X disagrees with the Council’s decision on how the guidance issued by the Department for Education on Home to School Transport Appeal Panels should be interpreted about how the Panel operates.
7. The Ombudsman's role is not to act as an appeal body on the merits of the Council's decision. Where a council has considered the relevant guidance and reached a decision through a proper decision-making process, we cannot question the merits of that decision simply because a complainant disagrees with the Council's interpretation. Accordingly, there is not enough evidence of fault by the Council to warrant us investigating further.
8. Mr X does not appear to be making this complaint on behalf of specific residents who have suffered significant injustice as a direct result of the alleged fault. He is instead complaining about the effect the Council’s approach might have on local families in the future. We do not investigate complaints based on possible future injustice where it is uncertain whether the events will occur or what impact they may have. As any injustice in this case is hypothetical at present, we are unable to investigate this complaint.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council to warrant us investigating. We also will not investigate complaints about injustice that has not yet or may not occur.

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Investigator's decision on behalf of the Ombudsman