The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s response to incidents related to her child’s school transport. An investigation would not lead to a different outcome and we could not achieve what Ms X wants.
The complaint
Ms X complains the Council has failed to take appropriate action following incidents involving her child, Y’s, school transport. She says the incidents caused her and Y distress and due to the Council’s failure to act, she also now has to drive Y to school every day. She wants the Council to allocate Y a new driver, improve its procedures and reimburse her transport costs.
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 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: we could not add to any previous investigation by the organisation, or 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))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
In its complaint response, the Council told Ms X: It had investigated the incident in July 2023 and accepted the driver had not followed the correct emergency procedures. The driver had since had training to remind him of the correct procedures. It had agreed to arrange a new driver for Y from September 2023.
It had fully investigated concerns she raised in September 2023 about the new driver’s behaviour and accepted the situation was distressing for her and Y. However, its investigation found there was insufficient evidence to substantiate her allegations. It decided due to the lack of evidence, it would not remove the driver from the route. It said Y’s place on the transport was still available and he could rejoin the route at any time.
Alternatively, Ms X could apply for an annual parental mileage allowance towards the costs of her transporting Y to and from school.
We will not investigate this complaint as we could not add to this investigation or achieve a different outcome. The Council acknowledged the driver did not follow the correct procedure in July 2023. It agreed to change the driver for Y and provided the driver with further training. This is an appropriate response and investigation by us would not lead to a different outcome.
The Council appropriately investigated Ms X’s concerns in September 2023, but Ms X and the driver gave differing accounts of what happened. Given the lack of evidence to substantiate Ms X’s allegations, it is unlikely we could achieve anything more. Without evidence of fault we could not recommend or require the Council to either provide a different driver for Y or reimburse her transport costs.
Final decision
We will not investigate Ms X’s complaint because we could not add to the Council’s investigation or achieve a different outcome.
Investigator's decision on behalf of the Ombudsman