Summary: We will not investigate this complaint about the Council’s decision to change the school transport pick-up point for the complainant’s child. There is not enough evidence of fault in the way the Council considered the matter to justify an investigation.

The complaint

1. Mr X complains the Council has changed the collection arrangements for his daughter, I shall call Y. The school transport used to collect her from home, but this has been changed to a pick-up point at a nearby bus stop with an earlier collection time.
2. He says the earlier pick-up time and walk to the bus stop is not possible and wants the Council to revert to collecting Y from home.

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The Ombudsman’s role and powers

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 Mr X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council confirms it reassessed all school transport for the school Y attends. This included a review of all pupils receiving door to door transport. The Council says its officer had several conversations with Mr X to explain the new collection arrangements which would be at a slightly earlier time from a bus stop four minutes’ walk from his home.
7. Mr X appealed against the Council’s decision to change the collection arrangements. His reasons for appeal included:
• The pick-up time is at 7.25am instead of 7.50am
• The pick-up point is four minutes’ walk from home
• He has two other children at home who attend different schools
• He has other caring responsibilities
• Y complains of tiredness & sore feet.
8. The Council considered his appeal. The Officer noted there was no evidence to show Y cannot walk to the bus stop accompanied by a responsible adult. The appeal was refused.
9. Mr X put in a second stage appeal to the Council’s Independent Appeal Panel. Mr X attended the panel meeting.
10. The information I have seen shows the Panel noted Y’s disabilities and:
• Y has ongoing sleeping problems
• the parents received advice on bedtime, getting Y up and ready
• Mr X says Y refuses to get up and then delays in getting ready and eating breakfast
• Mr X says Y cannot control her bladder or bowels and does not listen to parents
• Y cannot walk independently to the bus stop
• the bus will not wait; and
• Y has been out of school for almost a year because of the transport issues.
11. Then, having spoken to the Council officer and Mr X, the Panel decided there were no exceptional circumstances to warrant providing alternative travel arrangements for Y.
12. Mr X is unhappy with the Council’s decision and wants us to make the Council make the school transport collect Y from home.
13. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether you disagree with the decision the organisation made.
14. The evidence shows the Council has considered Mr X’s evidence in line with its policy and decided it will not change the travel arrangements for Y. The Council has taken Mr X through its appeals process and maintained its decision. There is no evidence of fault in the way the Council made its decision. An investigation into this matter would therefore be unlikely to result in finding fault on the Council’s part.

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Final decision

15. We will not investigate Mr X’s complaint because there is not enough evidence to show fault in the way the Council decided not to provide door to door school transport for Y.

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Investigator's decision on behalf of the Ombudsman