Summary: We will not investigate this complaint about the Council’s response to the complainant’s concerns about the driver of her son’s school transport. This is because investigation would not lead to the outcome she is seeking.

The complaint

1. The complainant, Mrs X, complains that the Council has failed to take appropriate action in response to her concerns about the driver of her son’s school transport.

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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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(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. Mrs X’s son has special educational needs and uses school transport provided by the Council. In July 2024, Mrs X raised concerns with the Council about comments made by the driver of the transport. The correspondence she has provided shows that the Council responded by making arrangements to place a guide, who Mrs X feels understands her son’s needs, on the transport.
6. Mrs X has indicated that she is happy with the guide, but still feels that the driver should be replaced. She raised her concerns again following further issues with the driver when the guide was absent. In response, the Council says it has informed the transport team about the issues. It has not however taken action to remove the driver. Mrs X believes this is insufficient. She believes the only permanent solution is to replace the driver.
7. The Ombudsman will not investigate Mrs X’s complaint because we cannot achieve the outcome she is seeking. It is for the Council to decide how to meet its duty to provide school transport, and it is not for the Ombudsman to comment on whether a particular individual should be removed from their role. The action the Council has taken is not what Mrs X wanted, but that does not mean the Ombudsman can intervene to substitute an alternative course of action. Investigation would not achieve what Mrs X wants and is not therefore warranted.

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Final decision

8. We will not investigate Mrs X’s complaint because investigation would not lead to the outcome she wants.

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Investigator's decision on behalf of the Ombudsman