The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to decline Mrs X’s application for travel assistance on behalf of her child Y. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
Mrs X complained the Council failed to consider her child Y’s complex needs when it declined her application for travel assistance.
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X’s child Y received travel assistance to get to school until they turned 16. Mrs X applied for post 16 travel assistance and said it was not possible for either her or her partner to get Y to school.
The Council declined to provide travel assistance, stating that Mrs X had not demonstrated why Y could not be expected to attend another setting nor why Mrs X and her partner could not take Y to school.
Mrs X appealed the decision and provided further information which included a report from an independent psychologist and a doctor. The Council reviewed the information at an independent panel but maintained its decision.
Mrs X wants us to find the Council at fault. The Ombudsman cannot question the outcome of a council’s decision if the evidence shows it was made in line with the correct process. The evidence shows the Council has considered all the information and supporting documents submitted with Mrs X’s application and has decided to decline it. There is no evidence of fault in the Council’s decision making. An investigation would therefore be unlikely to result in finding fault with the Council’s actions.
Final decision
We will not investigate Mrs X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman