Summary: We will not investigate this complaint about the Council’s funding of public transport because we cannot investigate something that affects all or most people in the Council’s area.

The complaint

1. Miss X complains the Council did not properly consider the financial impact on post 16 students, including her child, when limiting the use of the Hip Hop bus ticket. And she is unhappy with its complaints handling.

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The Ombudsman’s role and powers

2. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)
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 Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council published a bus service improvement plan in 2024 setting out how it would use its funding to service its residents. This included discounted weekly multi operator tickets for use on buses within the Luton conurbation.
7. The Council did not make changes to this scheme, rather bus operators were operating beyond the boundaries set and then recently decided they no longer would do so. This is not through any fault of the Council. And, so far as the Council has any control over these policies, a change in the bus ticket funding affects all or most people in the Council’s area and so I cannot investigate.
8. The Council does have a duty to publish a post 16 transport policy which considers the needs of this cohort, though it does not have to offer transport assistance. On review of the Council’s website I note it publishes a post 16 transport policy. I also note this provides funding for those on low income or who have recently left care. I am therefore satisfied the Council has shown regard for its duties to those post 16 and in education.
9. It is not a proportionate use of our resources to investigate the Council’s complaint handling when we are not investigating the substantive issues.

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Final decision

10. We will not investigate Miss X’s complaint because we cannot investigate matters affecting all or most people in the Council’s area.

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Investigator's decision on behalf of the Ombudsman