Summary: The Ombudsman will not investigate Miss A’s complaint that the Council was at fault in refusing her application for free school transport for her daughter. This is because it would be reasonable for Miss A to use her right to appeal.

The complaint

1. The complainant, who I will refer to as Miss A, complains that the Council was at fault in refusing her application for free school transport for her daughter.

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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 would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have spoken with Miss A and considered what she has said in support of her complaint. I have spoken with the Council and considered the correspondence it has provided.

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What I found

4. Miss A says she applied for a school place for her daughter at the nearest school to her home address. The Council refused this application and allocated a place for Miss A’s daughter at another school. Miss A contends that, as this is the nearest suitable school with a place available for her daughter, she is entitled to free school transport under the Council’s school transport policy. She complains that the Council’s decision is flawed.
5. The evidence the Council has provided shows that Miss A challenged the Council’s decision in June 2019 and that the Council responded in July, setting out the reasons for the decision. I can see no evidence that the Council advised her of her right to have her case heard by an appeal panel at that point.
6. The Council has provided a further email it sent to Miss A in September 2019. This does include details of the Council’s review/appeal process, and explains how Miss A may pursue an appeal. The Council has confirmed to the Ombudsman that it is still open to Miss A to appeal
7. Where appeal rights exist, the Ombudsman normally expects them to be used. It would be reasonable for Miss A to complete the Council’s review/appeal process. She would have the right to complain to the Ombudsman again in the event of an adverse decision

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Final decision

8. The Ombudsman will not investigate this complaint. This is because it would be reasonable for Miss A to use her right to appeal.

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Investigator's decision on behalf of the Ombudsman