Summary: there is no fault in the Council’s original decision not to provide transport for Ms M’s son, B, to college. The Ombudsman cannot question decisions taken without fault. However, it appears Ms M’s circumstances have changed since her original application, so she could consider making a fresh application.

The complaint

1. Ms M complains the Council refused her request for home to college transport for her son, B.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), 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 have considered:
• information provided by Ms M;
• information provided by the Council;
• Post-16 transport to education and training. Statutory guidance for local authorities published by the Department for Education in January 2019; and
• the Education Act 1996.
5. I invited Ms M and the Council to comment on my draft decision.

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What I found

6. Ms M’s son, B, is 17. He attended a special school until July 2019. The Council provided home to school transport by taxi. B transferred to college in September 2019. Ms M applied for transport in good time. Her application was unsuccessful. Ms M appealed the Council’s decision, but her appeal was unsuccessful too. Ms M complained to the Ombudsman.

Education transport for young people of sixth form age

7. The law concerning education transport is set out in the Education Act 1996. The Act divides children and young people into three groups:
• children of compulsory school age;
• young people of sixth form age; and
• adult learners.
8. Some children of school age have a legal entitlement to free transport. For young people of sixth form age, and adult learners, councils must ‘make arrangements they consider necessary to facilitate their attendance’.
9. When deciding whether it is necessary to provide transport for a young person of sixth form age or an adult learner, councils must exercise their judgement ‘judiciously and in good faith’.
10. The law and government guidance set out some of the factors councils must consider, including the needs of those for whom it would not be reasonably practicable to attend a particular establishment to receive education or training if no arrangements were made. Councils are expected to target support at those who need it most.
11. Councils must publish a transport policy setting out the arrangements.

Consideration

12. As a child of compulsory school age, B had a legal entitlement to free school transport. As a young person of sixth form age, he does not. The Council must decide whether it is necessary for it to make arrangements for his transport. The Council decided it was not. The Council decided it was reasonable to expect Ms M to pay for B’s transport.
13. The Council sent me the papers from Ms M’s application and appeal. I can see Ms M explained that her work commitments do not enable her to take B to college herself, and her parents are unable to help because of their own circumstances. Ms M explained the practical and cost implications of arranging transport to take B to college. A panel considered Ms M’s appeal. The hearing was adjourned while the panel asked Ms M for detailed financial information.
14. The Ombudsman does not decide whether the Council should provide transport for B. This is the Council’s job. The Ombudsman checks the Council made its decision properly. We check the Council followed its policy, government guidance and legislation; took all relevant information into account; and did not take irrelevant information into account. The Ombudsman cannot question Council decisions taken without fault, no matter how strongly Ms M disagrees.
15. I have not repeated all the details of Ms M’s application and appeal to preserve her anonymity and privacy. Nevertheless, I am satisfied there was no fault in the way the Council or appeal panel considered her application.
16. I see from Ms M’s correspondence with the Council that her financial circumstances changed following her appeal and complaint to the Ombudsman. I can only take account of information available to the Council and appeal panel when they made their original decisions. Ms M may wish to make a fresh application for transport for B and ask the Council to consider her current circumstances. I would expect the Council to have invited Ms M to make a fresh application when she said her circumstances had changed. If the Council decides to provide transport assistance, I suggest it consider backdating any assistance to take account of when Ms M first told the Council her circumstances had changed.

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Final decision

17. I have ended my investigation. There is no fault in the Council and appeal panel’s original decisions not to provide transport for Ms M’s son, B.

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Investigator's decision on behalf of the Ombudsman