Summary: Mrs B complains the Council did not provide her with school transport assistance between 2017 and 2019. She says it has now changed its policy and agreed to provide transport but not to backdate for the 2017 to 2019 period. The Council has now offered to reimburse the bus pass costs Mrs B incurred. The Ombudsman does not consider we would recommend anything substantially different so will discontinue the investigation.

The complaint

1. The complainant, who I refer to as Mrs B, complains the Council did not uphold her school transport appeal for the 2017/18 academic year. She then had to pay for her son’s bus passes until early 2019, at which point she discovered the Council had changed its policy. Mrs B says the Council would not revisit her appeal or backdate her transport costs to the 2017/18 year.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. If we are satisfied with a council’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 considered the information provided and spoke to Mrs B about the complaint. I then made enquiries of the Council. I sent a copy of my draft decision to the Council and Mrs B for their comments.

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What I found

5. Mrs B’s son started school in the 2017/18 academic year. She applied for school transport assistance, but the Council refused her request as she had not placed her nearest school as the first choice on her application. The Council has since changed its policy.
6. In early 2019, it came to Mrs B’s attention that the Council had changed its policy. She contacted the Council and asked it to revisit her appeal. The Council said it would not revisit this but would now assess her for school transport in line with the new policy. The Council assessed her application and decided to provide transport assistance going forward.
7. Mrs B asked the Council to reimburse the money she had paid for bus passes back to the 2017/18 academic year. The Council said it would not do so. Mrs B then complained to the Ombudsman.
8. The Council reconsidered the case. In response to my enquiries, the Council said it was now happy to refund the bus pass costs Mrs B incurred from the 2017/18 academic year, up to and including the date on which it awarded transport assistance.
9. The Council’s offer to reimburse the school transport costs is the outcome Mrs B wanted from the complaint. It is unlikely I would recommend the Council provide any different remedy. It would therefore not be proportionate for me to continue with the investigation. I accept the Council’s offer suitably resolves the case and will discontinue my investigation.

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Final decision

10. I will discontinue this investigation as the Council has offered a remedy and I would not recommend anything substantially different

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Investigator's decision on behalf of the Ombudsman