The Ombudsman's final decision
Summary: We will not investigate this complaint about the school transport arrangements for the complainant’s daughter. There is not enough evidence of fault for us to be able to question the merits of the Council’s decisions. It is reasonable for Mrs X to pursue a further appeal with the Council if she has fresh evidence in support of her case.
The complaint
The complainant, Mrs X, complained about the school transport arrangements for her daughter (Y) who has Special Educational Needs (SEN). Mrs X wants her daughter to travel to school in a small vehicle as the only passenger or with few other travellers. At two previous appeals the Council has agreed to provide the type of transport Mrs X wants, but only for fixed periods. That transport has now ended. Mrs X says Y cannot travel to school in the larger vehicle the Council has offered and so she is having to take Y to school. The Council is paying Mrs X a travel allowance.
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: there is not enough evidence of fault to justify investigating, or 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, or it would be reasonable for the person to ask for a council review or appeal; or (Local Government Act 1974, section 24A(6), as amended, section 34(B)) We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), 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
The role of the Ombudsman is not to act as a right of further appeal for people who are unhappy with a council’s decision. It is also not our role to say what transport a child should receive. We can only look at how a council has reached such decisions. We cannot intervene if there was no fault in the decision-making process.
In this case, the Council offered Y transport to school as an eligible child. Mrs X was unhappy with the arrangements offered and the Council twice considered her concerns under its appeals process. Both appeals offered solo transport for fixed periods of time. I see no evidence of fault in these decisions.
The transport offered by the second appeal panel has now ended. Part of that panel’s decision was for Mrs X, the Council, and Y’s school to work together so she was ready to travel by shared transport. Mrs X says this has not happened, but the Council disagrees. In its response to Mrs X’s complaint the Council said it had offered for Y to meet other travellers and for Y to try the transport on a single day. Mrs X had contacted the Council to say Y did not feel ready for the transport offered and she would instead have to accept a fuel allowance. While I understand Mrs X’s concerns, there is not enough evidence of fault for us to criticise the Council’s actions.
For the reasons set out above we will not therefore investigate. I know Mrs X has concerns about appealing Y’s travel arrangements for a third time. But if Mrs X has new information she would like the Council to consider, then it is reasonable for her to pursue a further appeal. It is the process parents are expected to follow and can give Mrs X the outcome she wants. An investigation by the Ombudsman could not. However, if Mrs X did appeal, and was unhappy with the outcome, then she could come back to the Ombudsman. We could then decide if an investigation into the latest appeal was appropriate.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault. It is also reasonable for Mrs X to use the Council’s appeals process to challenge her daughter’s transport arrangements.
Investigator's decision on behalf of the Ombudsman