Summary: Ms X complains about the Council’s decision not to provide free school transport for her daughter despite previously doing so. This led to Ms X having to pay the transport costs. The Ombudsman finds fault with the Council as it did not provide all the necessary information to the panel. However, the Council has agreed to remedy the injustice caused by providing free school transport to Ms X’s daughter and refunding Ms X the cost of the child’s transport to school from the start of the school year.

The complaint

1. Ms X complains about the Council’s decision not to provide free transport to school for her daughter despite previously doing so.

Back to top

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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), 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)

Back to top

How I considered this complaint

4. I considered the complaint by Ms X and the Council’s response. I sent a draft of this decision to Ms X and the Council for comments.

Back to top

What I found

5. Ms X applied for free school transport for her daughter, D, for the 2018/2019 school year. The Council granted this.
6. When D’s free transport card was nearing expiry, Ms X applied to renew this. However, the Council told Ms X her daughter was not eligible for a free transport for the coming school year.
7. Ms X appealed this decision and received a response at stage one in June 2019 rejecting her appeal. The Council said D was not attending her nearest qualifying school and there were places available in this school so it could not award free transport.
8. Ms X asked for her case to be considered at stage two by a Committee. The Committee Members considered the appeal in September 2019 but decided the responsibility for D’s travel to school arrangement lay with Ms X.
9. Ms X remained dissatisfied and complained to the Ombudsman. In response to my enquiries the Council said it reviewed Ms X’s case and found the full and relevant information was not presented at both appeal stages. The Council offered to pay for D’s transport to school and refund the costs of D’s travel from September 2019.

Analysis

10. The Council was at fault as it did not provide all the necessary information to the panel at both stages. This resulted in Ms X’s appeal being dismissed and her having to pay D’s transport costs.
11. The Council has explained this was due to a training issue. It has agreed to pay D’s school transport costs and refund Ms X the school transport costs she has incurred for D since September 2019. This is an appropriate remedy for the injustice caused to Ms X.

Agreed action

12. The Council has agreed to:
• pay D’s transport to school costs and;
• refund Ms X the money she has paid since September 2019 for D’s school transport costs.
13. The Council should provide evidence to the Ombudsman it has done this within one month of my final decision.

Back to top

Final decision

14. I have completed my investigation and found fault which caused injustice to Ms X however, the Council has offered a suitable remedy for the injustice caused.

Back to top

Investigator's decision on behalf of the Ombudsman