Summary: Mrs M complains the Council refused her request for transport for her son, B. Mrs M did not provide financial information the Council needed. I have discontinued my investigation so Mrs M can decide whether to make a fresh application and provide the financial information the Council requires.

The complaint

1. Mrs M complains the Council refused her request for 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. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I have considered:
• information provided by Mrs 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 Mrs M and the Council to comment on my draft decision.

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What I found

6. Mrs M’s son, B, is 17. He attends a community special school. The Council provided home to school transport by taxi until July 2019. B began his further education at the school in September 2019. Mrs M applied for transport in good time. Her application was unsuccessful. Mrs M appealed the Council’s decision, but her appeal was unsuccessful too. Mrs M complained to the Ombudsman.
7. 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 Mrs M disagrees.

Education transport for young people of sixth form age

8. For young people of sixth form age, councils must ‘make arrangements they consider necessary to facilitate their attendance’. (Education Act 1996, section 509AA)
9. 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.
10. Councils must publish a transport policy setting out the arrangements.

Mrs M’s application and appeal

11. The Council sent me the papers from Mrs M’s application and appeal.
12. I can see Mrs M explained that B will need transport as he is not yet able to travel independently. She explained she has other children to get to school. She also explained why her husband was unable to take B to school. Since her appeal, Mrs M has also provided information about her health and how this limits her ability to provide transport.
13. For the appeal, the Council invited Mrs M to complete a financial statement giving information about family income and expenditure. The Council said that without this information, it would be unable to make a decision based on the family’s financial circumstances.
14. Mrs M explained on her appeal form that she had not completed the financial statement because she was not applying under the ‘low income’ category, although she said it would have a significant impact on the family if they had to pay for a taxi. She said she wanted transport to continue in the same way as when B was at school.
15. Mrs M’s application and appeal were unsuccessful. The Council said it had not considered the cost of taxis as Mrs M had not completed the financial statement.

Consideration

16. I think there has been a misunderstanding.
17. 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.
18. The Council has to provide transport for sixth form pupils when it decides it is “necessary”. East Sussex County Council has decided it is necessary to provide transport when parents are unable to make arrangements – or afford to make arrangements – themselves. The Council invites parents to complete the financial statement so it can decide whether they can afford to arrange transport themselves. This could be more clearly explained in the Council’s policy. It appears Mrs M was unaware of this when she decided not to complete the financial statement.
19. Councils can also ask parents of sixth form pupils to make a financial contribution towards the cost of any transport they provide. East Sussex County Council requires parents to contribute the cost of a Freedom Ticket. A Freedom Ticket is a ticket giving unlimited travel on most buses in the County. Low income families are required to contribute half the cost of a Freedom Ticket. The Council’s transport policy defines low income families as those in receipt of certain benefits.
20. It appears this is what Mrs M had in mind when she decided not to fill in the financial statement because she did not fall in the ‘low income bracket’.
21. It appears Mrs M and the Council were talking at crossed purposes. The Council explained it would not be able to make a decision on her financial circumstances if she did not fill in the form. Mrs M said she was not applying under the low income category. There was confusion.
22. The end result is that Mrs M has not provided the information the Council needed to make a decision. It appears she did not appreciate the information was needed.

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Final decision

23. I have discontinued my investigation so Mrs M can decide whether to make a fresh application and provide the financial information the Council requires.

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Investigator's decision on behalf of the Ombudsman