Summary: The Ombudsman has discontinued our investigation into Mr B’s complaint about the Council’s post-16 transport policy. This did not cause his daughter a significant injustice. We have not exercised our discretion to look at how the matter affected (or will affect) other members of the public, because there is no evidence that anyone else has, or may have, experienced any injustice either.

The complaint

1. The complainant, whom I refer to as Mr B, complains that the Council, when providing transport for his daughter to get to and from sixth form, did not guarantee her place on the bus. He says this meant the place could be withdrawn at any time if a school-age child needed it, meaning his daughter would be unable to get to school. He says the Council’s post-16 transport policy, which allows his daughter’s situation to happen, is not compliant with government guidance.

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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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A(6), as amended)

3. We may investigate matters coming to our attention during an investigation, if we consider that a member of the public who has not complained may have suffered an injustice as a result. (Local Government Act 1974, section 26D and 34E, as amended)

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How I considered this complaint

4. I considered information from Mr B and the Council. I wrote to Mr B and the Council with my draft decision and considered their comments.

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What I found

Law and guidance

Post 16 transport to education and training statutory guidance

5. This guidance was reissued in early 2019, so was not in force when Mr B made his complaint. However, there are no substantive changes between the 2017 and 2019 versions which are relevant to Mr B’s complaint.
6. The guidance says councils are under the duty to facilitate the educational attendance of sixth form age students. If transport assistance is necessary for the Council to meet this duty, then the Council must provide it. However, there is no duty for the Council to provide this assistance free of charge.

The Council’s 2019 post-16 transport policy

7. This guidance has been issued for transport applications for the 2019-20 school year, and so was not in force when Mr B applied. However, as with the statutory guidance, there are no substantive changes between the 2018 and 2019 versions which are relevant to Mr B’s complaint.
8. The policy says the Council will consider applications for post-16 transport assistance, and may provide assistance to students who live more than three miles away from their nearest suitable educational establishment, or their nearest establishment chosen on the grounds of religion or belief.
9. The policy says, if no public transport is available, then the Council may provide its own transport. It says that, to be guaranteed a space on such transport, sixth form age students should apply by the end of May (before the September of the new academic year).

What happened

10. On 30 August 2018 Mr B applied for post-16 transport for his daughter, to start in September 2018.
11. On 18 September the Council agreed to issue a bus pass for Mr B’s daughter, However, it said her place on the bus was non-guaranteed because Mr B had applied late. It said the place could be withdrawn if a school-age child (who was statutorily eligible for school transport assistance) needed the place.
12. Mr B made a complaint about the Council’s transport provision, and the Council responded to the complaint on 12 October. It acknowledged that there was no public transport which could take Mr B’s daughter to sixth form, and that the sixth form itself offered no transport assistance. However, it confirmed that its offer remained non-guaranteed, in line with its policy.
13. Mr B’s daughter continued to receive transport assistance throughout the 2018-19 academic year.

Analysis

14. The Ombudsman looks at complaints in which the complainant may have experienced an injustice. At the time Mr B complained, there was a chance that his daughter’s transport provision could be withdrawn, which could have amounted to an injustice which justified further consideration.
15. However, this alleged injustice is now hypothetical, because Mr B’s daughter received transport assistance for the duration of the academic year. Although the Council told Mr B that the provision could be withdrawn, this never happened.
16. Mr B also wants the Ombudsman to consider whether the Council’s policy complies with the law and statutory guidance. The matter at hand is the Council’s policy that – even if a post-16 student needs transport assistance to get to school – it will only guarantee transport if it receives an application by the May deadline. Mr B says this could lead to others who need transport having it withdrawn, which would amount to the Council not meeting its legal duties.
17. I have the discretion to investigate matters coming to my attention during an investigation, if I consider that a member of the public who has not complained may have suffered an injustice as a result.
18. In this case, there may or may not be fault with the Council’s policy. However, I do not consider the matter to have caused a significant injustice to Mr B’s daughter, and I have seen no evidence that anyone else may have suffered an injustice either.
19. For this reason, I will not exercise my discretion to investigate whether the Council’s policy is affecting anyone else. If any other post-16 students who need transport have it withdrawn because of late applications, then they or their parents can ask the Council to reconsider how it will support them to attend education. If they are dissatisfied with the Council’s responses to their complaints, they can approach the Ombudsman.
20. However, in the current absence of any identified injustice, I will discontinue my investigation. Further investigation – even resulting in a finding of fault – would not lead to a remedy for Mr B’s daughter, or for other members of the public.

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Final decision

21. I have discontinued my investigation into Mr B’s complaint about the Council’s post-16 transport policy. This did not cause his daughter a significant injustice. I have not exercised my discretion to look at how the matter affected (or will affect) other members of the public, because there is no evidence that anyone else has, or may have, experienced any injustice either.

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Investigator's decision on behalf of the Ombudsman