The Ombudsman's final decision
Summary: We will not investigate this complaint about problems with school transport. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. It is unlikely an investigation would add anything to the Council’s response or achieve a different outcome.
The complaint
The complainant, whom I shall refer to as Mrs X, complained about problems with her son’s school transport. Mrs X’s son (Y) has special educational needs. Mrs X complained about poor communication between council departments. Mrs X said the Council failed to keep accurate records about her son’s needs. This caused problems with his transport, including changes at short notice. These affected Y and Mrs X who had to change her plans. Mrs X wants an apology, compensation, and the Council to introduce better procedures.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In its responses to Mrs X’s complaints the Council accepted there have been issues with Y’s transport. Its responses to Mrs X included the following: It was sorry for any stress caused to Mrs X and Y due to mistakes by the Council.
It had failed to properly record that Y’s transport arrangements should not be changed. This information had now been shared with operators.
The transport team was now aware any changes to Y’s transport should be discussed with Mrs X.
All complaints and discussions with parents about transport would now be documented and stored electronically.
There will be occasions when transport needed to be changed at short notice. But it was unacceptable Y’s transport was changed with only 15 hours’ notice. This was due to a driver’s annual leave which had been booked some time ago.
An operator was wrong to shout at Mrs X.
The Council did not have a record of Y needing a pillow when travelling. The latest form completed by Mrs X about Y’s transport arrangements was from 2017. It was therefore a good time to review the form. The Council would contact Mrs X to make sure Y’s needs were properly recorded.
I understand Mrs X’s frustrations over the problems with Y’s transport. Detailed records for children with special educational needs who are using school transport are clearly important.
But the Council has accepted there was some fault in the way it dealt with Y’s transport to school. It has apologised for this and taken appropriate steps to ensure the same issues do not happen again.
One of the key things we consider when deciding whether to investigate a complaint is what more we could achieve. We consider if there are service improvements we should recommend. When there has been fault, we need to consider if a council has taken appropriate steps to avoid the same mistakes happening again.
Having considered the information available, I do not think an investigation would be likely to achieve anything more. It is unlikely we would recommend further changes and the Council has already apologised. We will not investigate purely to secure a further apology. While I recognise the difficulties the issues with transport have caused, it is unlikely we would recommend any further remedies for the fault identified. We will not therefore investigate this complaint.
Final decision
We will not investigate Mrs X’s complaint because it is unlikely an investigation would add anything to the Council’s response or achieve a different outcome.
Investigator's decision on behalf of the Ombudsman