The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to refuse the complainant’s school transport appeal. This is because there is no evidence of fault on the Council’s part.
The complaint
The complainant, who I will refer to as Mrs B, complains that the Council is at fault in refusing her appeal for appropriate school transport for her daughter.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs B’s daughter qualifies for free school transport. Mrs B says the route by which the Council expects her daughter to walk to the transport pick-up point is too hazardous, given her child’s medical condition. She asked the Council to provide a closer pick-up point.
The Council considered her request and refused it. Mrs B used her right to appeal against the decision. She made written representations and provided evidence of her daughter’s medical condition. The Council’s school transport appeal panel refused the appeal. Mrs B believes the decision is flawed and wants the matter to be revisited.
The Ombudsman will not investigate this complaint because there is no evidence of fault on the Council’s part. it is not for the Ombudsman to take a view on whether Mrs B’s daughter’s walking route to the pick-up point is reasonable. Rather, it is to consider whether there is evidence of fault in the way the Council considered the matter.
The correspondence Mrs B has provided shows that the matter completed both stages of the Council’s appeal process. The final decision letter demonstrates that the Stage 2 appeal panel considered Mrs B’s representations when reaching the decision to refuse the appeal. There is no evidence of fault in the way it did so. The weight the panel members gave to the evidence was a matter for their judgement. That being the case, the Ombudsman cannot criticise the decision, or intervene to substitute an alternative view.
Final decision
We will not investigate Mrs B’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman