The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council refusing free home-to-school transport for Mrs X’s child. This is because the Council has recently decided to provide the transport. An investigation would not achieve anything further for Mrs X.
The complaint
Mrs X complained about the Council refusing free home-to-school transport for her child. She wanted the Council to reverse its decision.
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 further investigation would not lead to a different outcome. (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 by the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has the discretion to award free home-to-school transport to children who would be otherwise ineligible, in exceptional circumstances. After Mrs X complained to us – but before we considered her complaint - the Council decided to apply its discretion and award Mrs X’s child free home-to-school transport. Mrs X is satisfied with this outcome and considers the matter resolved.
Final decision
We will not investigate Mrs X’s complaint because the desired outcome has already been achieved. We cannot achieve more.
Investigator's decision on behalf of the Ombudsman