Cambridgeshire County Council (19 009 586)

Category : Education > School transport

Decision : Not upheld

Decision date : 25 Mar 2020

The Ombudsman's final decision:

Summary: The Ombudsman does not find fault with the way the Council considered Miss B’s application and appeal for transport assistance for her daughter.

The complaint

  1. Miss B complains about the Council’s decision not to provide free school transport for her daughter, Child B. She says the Council did not properly take into account her daughter’s exceptional circumstances when reaching its decision.
  2. Miss B says this caused her daughter distress as she was unable to travel to school with her friends. Miss B also says she suffered financially because she had to pay for a bus pass.

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The Ombudsman’s role and powers

  1. 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)
  2. 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

  1. During my investigation I:
    • considered the information Miss B provided;
    • made enquiries with the Council and considered its response; and
    • reviewed relevant law, guidance and policy.
  2. Miss B and the Council had the opportunity to comment on my draft decision and I carefully considered the responses.

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What I found

The Education Act 1996

  1. Section 508B of the Act places a duty on councils to ensure that suitable travel arrangements are made, where necessary, to facilitate an eligible child’s attendance at school.
  2. Sections 509(1) and 509(2) place a duty on councils to provide free transport, where necessary, to facilitate the attendance of children and students at schools and institutions both within and outside of the further and higher education sectors.
  3. Section 508C provides councils with discretionary powers to go beyond their statutory duties and provide transport for children who are not entitled to free transport. They do not have to provide this transport for free, although they may do so.

The Council’s transport policy

  1. The Council provides free transport to children who attend their catchment, nearest or designated school if the travel distance is more than three miles, measured by the shortest available walking route.
  2. Only where a child has applied for and been refused a place at their catchment and nearest schools, will they qualify for assistance to an alternative school. Assistance would then be provided to the next nearest school with a place available, as determined by the Council.
  3. Where parents express a preference for their child to attend a school that is not the school designated by the Council and a place is offered to them at that school, they will be responsible for making and funding the daily transport arrangements to and from that school.
  4. The Council determines the distance from home to school by measuring the shortest available walking route using a digital system which ensures a high degree of accuracy.
  5. The Council reserves the right to make exceptions to the policy in circumstances where the Executive Director of Children, Families and Adult Services considers it reasonable to do so and where it would be in the best interests of the child or young person concerned. Such exceptions are normally limited to those children/students attending their designated school.

Background information

  1. Miss B applied for a place for her daughter, Child B, at School A. School A is not the designated or nearest school, for the purposes of home to school transport. School B is the designated school and School C is the nearest school.

What happened

  1. In March 2019 Miss B requested transport assistance for her daughter to attend School A. This application was refused.
  2. Following advice from the Council’s transport team Miss B applied again in May 2019. This application was also refused so Miss B requested a review at stage one of the Council’s appeal process.
  3. The review upheld the original decision. The Council said:

“Child B must fulfil all the elements set out in the Council policy to qualify. Each home address in Cambridgeshire will have a catchment school and closest school. Transport assistance would only be provided to an alternative if a child is refused a place at either of these. Parents are informed when accepting a school which is not nearest or catchment that they will be responsible for funding travel.”

  1. Miss B was not happy with the Council’s decision. She says the Council did not properly consider her daughter’s individual needs. She feels these are exceptional circumstances.
  2. Miss B requested to progress to stage two of the Council’s appeal process. At this point Miss B also spoke to the Council about personal circumstances which she says is another reason why she chose to send Child B to School A.
  3. The appeal was heard in September 2019. Miss B attended and gave evidence to the panel. The panel unanimously agreed that:

“There were not sufficiently extenuating circumstances by which to justify making an exception to the Home to School Transport Policy in this case.”

  1. In its decision letter the Council said:

“The Sub-Committee acknowledged the personal context of your appeal and were extremely sympathetic to the issues you had raised. The Sub‑Committee noted the reasons you felt unable to apply for a place at the catchment school however they concluded the decision to send [Child B] to [School A] was a parental preference as an application could have been made for a place at the nearest school.”

  1. Miss B complained to the Ombudsman in September 2019.

My findings

  1. A council is entitled to refuse free transport to a child who is not eligible under the Education Act. However, I would expect an appeal panel to decide whether a council has properly applied its transport policy. I would also expect a panel to consider an applicant’s circumstances before deciding whether a council should award full or partial funding for discretionary transport.
  2. The Council provided evidence of how it calculates the distances from home to school for the purposes of its policy. I am satisfied that based on these distances School A is not the nearest school.
  3. It is clear, under the definitions in the Education Act, Child B is not eligible for free transport. The school she attends is not her nearest school with places available.
  4. It was unfortunate the Council gave Miss B information which caused her to reapply in May 2019, but this did not change the outcome and was considered by the appeal panel.
  5. The appeal panel considered the circumstances Miss B set out in her correspondence and in the hearing itself, but decided they were not exceptional enough to justify the award of free discretionary transport.
  6. This does not mean there is no discretionary transport available to Child B; it just means it would not be free. The Council has offered Miss B the opportunity to apply for such transport at a cost (depending on availability).
  7. The Council complied with the law and properly applied its transport policy, and the appeal panel considered Miss B’s circumstances before deciding not to award free discretionary transport.
  8. I have not found fault in the way the Council reached its decision therefore, I cannot question the decision not to provide free transport.

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Final decision

  1. I do not find fault with the way the Council considered Miss B’s application and appeal for transport assistance for her daughter.

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Investigator's decision on behalf of the Ombudsman

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