Summary: The Council’s failure to consider relevant information in an appeal about free school transport was fault. The Council has agreed to fund the transport, apologise, and update its policy.

The complaint

1. Miss X complained that the Council wrongly refused to provide free transport to school for her child when the family moved in order to escape domestic abuse. Miss X says that their circumstances mean that the child, whom I shall call B, needs to attend the particular school. She cannot afford to pay for transport to the school.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I spoke to Miss X about the complaint.
5. I made written enquiries of the Council and considered its response along with relevant law and guidance.
6. I referred to the Ombudsman’s Guidance on Remedies, a copy of which can be found on our website.
7. Miss X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

School transport

8. Local authorities must make suitable home to school travel arrangements as they consider necessary for ‘eligible children’ of compulsory school age to attend their ‘qualifying school’. The travel arrangements must be made and provided free of charge. The relevant qualifying school is the nearest school with places available that provides education appropriate to the age, ability and aptitude of the child, and any special educational needs the child may have. ‘Eligible children’ include:

• children living outside ‘statutory walking distance’ from the school (two miles for children under eight, three miles for children aged eight and above);
• children living within walking distance of the school but who cannot reasonably be expected to walk to school because of their special educational needs, disability or mobility problem;
• children living within walking distance of the school but who cannot walk to school because the route is unsafe; and
• children entitled on low-income grounds. (Education Act 1996, 508B(1) and Schedule 35B)

9. The Council’s policy says it may also provide transport “on an exceptional basis for other reasons, even where the family circumstances do not meet the standard eligibility criteria.”
10. Councils should have an appeals process in place for parents who wish to appeal about the eligibility of their child for travel support. (Home to School transport guidance July 2014 paragraphs 54-55)

What happened

11. Miss X had to move home to escape domestic abuse. As a result, B’s school is no longer the nearest suitable school with places available.
12. However, Miss X and her child’s social worker considered that it was important for B for stay at the same school. Miss X therefore applied for transport for B.
13. The Council refused the application. It said that B did not meet any of the criteria to be eligible for transport. Miss X appealed this decision.
14. The Council considered the appeal at both stages of its process. Stage 2 is a panel hearing. Miss X and the social worker attended the panel to present their case.
15. The panel decided that although sympathetic to the situation, B could access education at a school closer to home and so did not meet the “exceptional circumstances” criteria of the Council’s policy.
16. The panel notes indicate that the Council thought that social care might pay for the transport instead.

My findings

17. In response to my enquiries, the Council said that although the panel would have reached the same decision, it accepts there was some fault in how it considered Miss X’s appeal.
18. B had previously been a Child in Care, and was now subject to a Supervision Order. When in care, the Council had parental responsibility for B. Under the Supervision Order, the Council had a “duty to assist the child”. The Council accepts the panel should have taken this into account. Failure to do so was fault.
19. The Council said because of this complaint, it has recognised that there are gaps in its policy. It has agreed to update the policy.
20. The Council also accepts that the panel’s decision making was faulty because it assumed that social care would pay for the transport.
21. As a result, the Council has agreed to pay for B’s transport to school and to backdate this payment to when Miss X originally requested it.

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Agreed action

22. The Council has accepted fault and recognises it could have resolved Miss X’s complaint sooner. It has agreed to:
• Apologise to Miss X
• Pay her £250 in recognition of her time and trouble
• Pay for B’s transport to school and backdate this to the date of application
23. I consider this to be a suitable remedy for the injustice caused to Miss X.
24. The Council has also agreed to update its home to school transport policy. I consider this to be a suitable action to improve the Council’s service in future.
25. The Council should provide the Ombudsman evidence it has completed these actions within eight weeks of my final decision.

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Final decision

26. I have completed my investigation. The Council accepted it was at fault and proposed actions which are a suitable remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman