Summary: We will not investigate Mr X’s complaint that the Council refused to provide home to school transport for his children. This is because there is insufficient evidence of fault.

The complaint

1. Mr X complained the Council failed to provide school transport for his children, Y and Z, who each have an Education, Health and Care (EHC) Plan and live equally between his home and the home of the children’s other parent in another council area.
2. Mr X said the matter caused him frustration and distress.

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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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate Mr X’s complaint. This is because the Council explained how it decided not to provide transport for Y and Z from his address. It told Mr X:
• Y and Z have an EHC Plan made by another council in a different area. The other council has accepted responsibility for transport for the children from their other parent’s address.
• Statutory guidance states councils are not required to provide transport from two separate addresses, even if the children live equally at both homes.
7. Because the other council has accepted responsibility for transporting the children and is providing this, and because the statutory guidance is clear that transport does not have to be provided between two separate addresses, there is insufficient evidence of fault in the Council’s decision making to warrant an investigation. Therefore, we will not investigate this complaint.

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Final decision

8. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman