Summary: Ms M complains the Council refused her application for school transport for her daughter, G. G has moved schools since Ms M complained. I do not intend to investigate Ms M’s complaint about transport to the school G no longer attends. Ms M should make a fresh application to the Council for transport to G’s new school.

The complaint

1. Ms M complains the Council refused her application for school transport for her daughter, G.

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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 may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

3. I have considered:
• information provided by Ms M;
• information provided by the Council;
• Home to school travel and transport guidance issued by the Department for Education in 2014; and
• the Education Act 1996.
4. I invited Ms M and the Council to comment on my draft decision.

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What I found

5. Ms M’s daughter, G, started secondary school in September 2018. She secured a place at a grammar school on the other side of the city, more than 8 miles from home. Ms M applied for a bus pass. The Council refused. The Council only provides free transport if a pupil attends their nearest suitable school and the school is more than three miles from the pupil’s home. The Council says there are a number of suitable schools less than three miles from Ms M’s home. Ms M appealed the Council’s decision at both stages of the Council’s appeals process. She explained that G wanted to attend a grammar school and thought it would be in her best interests to do so. The nearest school is not a grammar school. Her appeal was unsuccessful. Ms M complained to the Ombudsman.
6. Since making her complaint to the Ombudsman, Ms M has secured a place for her daughter at a different grammar school. Ms M has not yet applied for transport to the school. She believes her application would be unsuccessful for the same reasons as before: there are closer schools the Council considers suitable. She would like the Ombudsman to decide the matter.

Home to school transport

7. Councils have a duty to provide free home to school transport for eligible children to qualifying schools. (Education Act 1996, section 508B)
8. Eligible children are children of compulsory school age who:
• cannot walk to school because of their special educational needs, disability or a mobility problem; or
• live beyond the statutory walking distance; or
• receive free school meals, or whose parents receive the maximum Working Tax Credit. (Education Act 1996, Schedule 35B)
9. The statutory walking distance is two miles for a child aged under eight and three miles for a child aged eight and over. It is measured by the shortest route along which a child, accompanied as necessary, may walk with reasonable safety. (Education Act 1996, section 444(5))
10. The nearest 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.
11. Different rules apply to children from low income families. They are entitled to transport if they attend one of the three nearest qualifying schools which is more than two miles but not more than six miles from home (for children aged over 11). (Education Act 1996, Schedule 35B)
12. Councils also have a power to provide transport for any child who is not an eligible child. (Education Act 1996, section 508C)
13. Statutory guidance recommends councils have a two-stage appeals process: a review by a senior officer at stage 1 and a review by an independent appeal panel to consider written and verbal representations from the parent and officers involved at stage 2.

The Council’s policy

14. The policy on the Council’s website for secondary school transport appears to be out of date. It refers to the 2017/2018 school year. I understand the Council is in the process of revising its policy following previous complaints to the Ombudsman.
15. When deciding whether there is a nearer suitable school, the policy says the Council does not take account of a parent’s preference for a grammar school.
16. The policy sets out the Council’s two-stage appeals process for parents wishing to challenge council decisions. The first stage is a review by a senior officer. The second is a review by a panel of three officers not involved in the original decision. Parents can submit a written appeal, but they are not invited to a hearing.

Consideration

17. The Ombudsman does not decide whether the Council should provide free school transport for Ms M’s daughter, G. This is the Council’s job. The Ombudsman checks the Council made the decision properly. I cannot question decisions made without fault, no matter how strongly Ms M disagrees.
18. G has recently moved schools. Ms M has not yet applied for transport to G’s new school. I do not intend to investigate Ms M’s compliant about her application for transport to the school G no longer attends as my investigation would not lead to a different outcome. Based on the information Ms M provided, it is unlikely I would find fault. I cannot consider her concerns about transport to G’s new school because she has not yet applied and the Council has not made a decision.
19. I recommend Ms M apply for transport to G’s new school and, if her application is unsuccessful, uses the Council’s appeals procedure. If she is dissatisfied with the outcome, Ms M can complain to the Ombudsman again.
20. Ms M believes the Council will make the same decision as it did for her first application if she makes a fresh application for transport to G’s new school. The Council must consider each application on its merits. The Council has the power to provide transport for any pupil. The Ombudsman does not decide whether the Council should provide transport for G. We cannot predict the Council’s decision.

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Final decision

21. I have ended my investigation. The Ombudsman cannot decide whether the Council should provide transport for G. There is nothing to be gained from investigating Ms M’s complaint about transport to a school G no longer attends, and anyway it is unlikely I would find fault. Ms M should make a fresh application to the Council for transport to G’s new school.

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Investigator's decision on behalf of the Ombudsman