Summary: We will not investigate this complaint about the Council’s safeguarding decision about school transport provided by Mr X. The decision is within the range we would expect to see in similar circumstances and there is not enough evidence of fault by the Council to warrant investigation.

The complaint

1. Mr X complained about a Council decision to prevent him providing school transport to a specific destination. He wanted to be re-instated to the same destination.

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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 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

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

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My assessment

5. The documents Mr X provided show the Council received specific allegations about Mr X’s actions when providing school transport. Child protection is based on the principle of removing risk of harm to children. It does not require an allegation to be substantiated or a person to be found to have done something for measures to be taken. I note the Council did not find Mr X had harmed a child, and it was happy for him to continue to provide school transport, but not to the same destination with the same children. It also required him to undertake a free safeguarding course and to renew his disclosure and barring service (DBS) certificate. These are responses typical of councils with safeguarding responsibilities, with the intention of protecting the adult from future allegations as well as reducing any risk to children. While Mr X wished to continue to provide the same service, the Council was entitled to reach the decision it did.

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Final decision

6. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant our further involvement.

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Investigator's decision on behalf of the Ombudsman