Summary: We will not investigate this complaint about the Council’s decision to turn down Mrs X’s application for free home to school transport on behalf of her child Y. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mrs X complained about the Council’s decision to turn down her application for free home to school transport on behalf of her child Y.

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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.

3. (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 Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X complained to the Council after it declined her application for a place on its free home to school transport scheme. She said her child Y had special educational needs and she was finding it difficult getting Y to school due to the demands of her other children.
7. The Council declined Mrs X’s application stating that Y was within the 3 mile statutory walking distance cited in its policy and there was no medical reason Y could not walk to school.
8. Mrs X appealed the Council’s decision at stages 1 and 2 and provided supporting information but the Council maintained its decision. Mrs X then brought her complaint to us.
9. The Ombudsman cannot criticise the merits of a decision the Council has made if the evidence indicates the Council acted without fault in making this decision. In this case, the Council has considered the information Mrs X has provided and decided Y does not meet the criteria for its home to school transport policy. The Council is entitled to make this decision and as there is no evidence of fault in its decision making, an investigation would be unlikely to find fault with its actions.

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Final decision

10. We will not investigate Mrs X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman