Summary: We will not investigate this complaint about the Council’s decision not to award Mrs X’s child free home to school transport. This is because an investigation would be unlikely to find fault with the Council’s decision.

The complaint

1. Mrs X complained the Council failed to properly consider her child’s special educational needs when it declined to provide them with free home to school transport.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X applied to the Council for free home to school transport for her child Y, who has a diagnosis of autism. The Council initially approved the application but approximately two weeks later it declined to provide transport on the basis that neither Mrs X or her husband are employed and could therefore be reasonably expected to take Y to school. The Council offered Mrs X a free bus pass instead.
6. Mrs X appealed the Council’s decision and submitted Y’s education, health and care plan along with a supporting letter from Y’s school. She explained that Y cannot use public transport due to his autism and she expected her and her husband’s employment status to change.
7. The Council held an appeal panel and considered Mrs X’s additional information but maintained its decision.
8. Mrs X remains unhappy with the Council's decision and wants us to find the Council at fault. The Ombudsman cannot comment on the merits of a decision the Council has made if it has been without fault. The evidence shows the Council has considered Mrs X’s application in line with its policy and decided not to award free home to school transport to Y. The Council was entitled to make this decision and there was no evidence the Council acted with fault in how it made this decision.

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Final decision

9. We will not investigate Mrs X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman