Devon County Council (19 009 656)
Category : Education > School transport
Decision : Closed after initial enquiries
Decision date : 12 Nov 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mrs A’s complaint that the Council was at fault in refusing her application for school transport for her son. This is because it would be reasonable for her to use the appeal process available to her.
The complaint
- The complainant, who I will refer to as Mrs A, complains that the Council was at fault in refusing her application for school transport for her son.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered what Mrs A has said in support of her complaint.
What I found
- Mrs A applied for school transport for her son for his transfer to secondary school in September 2019. The Council refused her application. Mrs A believes the Council’s decision was wrong. She argues that the walking distance to the school is further than the Council says, and the route is unsafe. She has chosen not to use her right to appeal because she believes there is no chance of success.
- The Ombudsman will not investigate Mrs A’s complaint. Statutory guidance sets out that councils must have an appeal process to allow applicants to challenge school transport decisions, and the Council has such a process. Mrs A has chosen not to use the Council’s appeal process. That is a matter for her but, where an appeal process exists, the Ombudsman normally expects it to be used. It would be reasonable for Mrs A to use the appeal process available to her.
- In the event of an adverse decision, Mrs A may wish to make a new complaint to the Ombudsman.
Final decision
- The Ombudsman will not investigate this complaint. This is because it would be reasonable for Mrs A to use the appeal right open to her.
Investigator's decision on behalf of the Ombudsman