Summary: The Ombudsman will not investigate Mrs A’s complaint that the Council has refused to backdate her son’s entitlement for free school transport. This is because it is unlikely we would find fault on the Council’s part.

The complaint

1. The complainant, who I will refer to as Mrs A, complains that the Council has refused to backdate her son’s entitlement to free school transport.

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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 it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered what Mrs A has said in support of her complaint and the Ombudsman’s decision on her previous complaint. I have also considered her response to my draft decision.

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What I found

4. Mrs A applied for free school transport for her son for the 2018/2019 school year. The Council refused her application because Mrs A’s son was not attending his catchment or nearest school. Mrs A appealed against the Council’s decision.
5. The Council’s appeal panel decided that the decision to refuse the application was correct and that there were no exceptional circumstances to justify departing from the Council’s school transport policy. Mrs A complained to the Ombudsman about the panel’s decision. The Ombudsman investigated the complaint and decided that panel had made its decision without fault.
6. Mrs A made a new school transport application for the 2019/2020. This application was successful because the Council used new, more accurate, software to measure the distance between Mrs A’s home and the relevant schools.
7. Mrs A argues that the Council’s decision means her son always qualified for free transport. She has asked the Council to refund her the £500 she spent on school transport in 2019. The Council has declined on the grounds that there was no fault in the original decision.
8. The Ombudsman will not investigate Mrs A’s complaint because it is unlikely we would find fault on the Council’s part. The Ombudsman has already considered the Council’s decision on the 2018/2019 appeal and found that it was made without fault. We will not reconsider the period.
9. The fact that the Council is now using different software does not mean it is bound to revisit decisions made in the past. There is no evidence of fault in the way the Council has responded to Mrs A’s request and no grounds for the Ombudsman to intervene.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because it is unlikely we would find fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman