Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council’s refusal to provide free school transport for her children. It is unlikely we would find fault on the Council’s part.

The complaint

1. The complainant, who I will refer to as Mrs X, complains the Council is at fault in refusing her application and appeal for free school transport for her 2 children.

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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’. 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 is unlikely we would find fault. (Local Government Act 1974, section 24A (6), as amended)

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How I considered this complaint

3. I have considered what Mrs X has said in support of her complaint and the application and appeal documents provided by the Council.
4. She commented the draft version of this decision.

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What I found

5. School transport law is set out in the Education Act 1996 (as amended). The Act requires local authorities to provide free home to school transport for ‘eligible children’ to attend their ‘qualifying school’. This is the nearest school with places available that provides education appropriate to the age, ability and aptitude of the child, and any special educational needs (SEN) the child may have.
6. Eligible children include:
• Those who live outside ‘statutory walking distance’ from the school (two miles for children under eight, three miles for children over eight)
• Those who cannot reasonably be expected to walk to the nearest suitable school because the nature of the route is deemed unsafe to walk
• Those who cannot walk to school because of their special educational needs, disability or mobility problems
• children entitled to free school meals, or whose parents are in receipt of the maximum level of working tax credit, for transport to one of the three nearest qualifying schools. Secondary school children must live more than two miles but not more than six miles from that school
• children in the low-income category as above where the school is between two and 15 miles and it is the nearest school preferred on grounds of religion or belief. (Education Act 1996, section 508B and schedule 35B)
7. Councils also have discretion to provide transport for children who are not entitled to free transport. (Education Act 1996 Section 508C)
8. In 2014 the Government issued statutory guidance entitled ‘Home to School Travel and Transport Guidance-Statutory Guidance for Local Authorities’ which local authorities are under a duty to have regard to.
9. The guidance recommends councils should provide a right of review of its decision by a senior officer and then an appeal to an independent appeal panel. Both the review and the appeal decision should set out:
• the nature of the decision reached
• how the review was conducted
• what factors were considered
• information about other departments and/or agencies consulted as part of the process
• the rationale for the decision.
10. The Council’s home to school transport policy says the parents of children of primary school age, who are disabled and because if the incapacity, are unable to accompany their child on the walking route to the nearest qualifying school, may apply for assistance. The following conditions apply:
• Any application must be supported by a written report from a qualified medical practitioner;
• Assistance may involve the provision of an escort or guide who will accompany the child in the journey to school in order for the walking route to be considered safe;
• Only in very exceptional circumstances will this assistance extend to the provision of door to door transport.
• All such arrangements will be reviewed on a termly basis and transport assistance will be withdrawn in the event that the incapacity has ended.
11. Mrs X is registered blind and has a medical condition which affects her balance. Her son and daughter are 9 and 4. They attend a primary school 0.3 miles from the family home. Because of her disabilities Mrs X cannot take the children to and from school.
12. Until recently, family members provided assistance, but they are now unable or unwilling to continue to do so. Mrs X’s husband, Mr X, is able to accompany the children 2 days per week. But she wants the Council to provide a taxi to take them to school and bring them home on the remaining 3 days per week.
13. The Council refused Mrs X’s application because the school is less than 2 miles from the family home. And, although Mrs X is disabled, Mr X is not, and work commitments are not a qualifying reason to provide school transport.
14. Mrs X appealed against the decision. The Council panel met, Mr & Mrs X attended the appeal and presented their case.
15. The Council noted Mrs X’s disability. It also discussed:
• the family income and financial commitments
• Mr X did not start work until 9am
• The distance between home and school
16. The Council suggested a professional walking escort to accompany the children. Mrs X refused as she does not want her children to walk to school with anyone other than a family member.
17. Having considered the information the Council refused Mrs X’s appeal because:
• The school is only 0.3 miles from the family home
• Mr X is does not have any disability
• Mr & Mrs X do not have a significantly low income
• Mrs X refused a free walking escort for the children
18. The Ombudsman cannot question the merits of decisions properly taken. The panel is entitled to come to its own judgment about the evidence it hears. Mrs X complains the Council has refused to consider her case as an exception to its policy. However, the appeal documents show that Mr & Mrs X were able to make their case and the panel considered it. There is no evidence of fault in the way it did so. Without evidence of fault, the Ombudsman cannot criticise the decision the panel made, or intervene to substitute an alternative view.

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Final decision

19. I will not investigate this complaint. This is because it is unlikely we will find fault in the way the Council decided not to provide free school transport for Mrs X’s children.

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Investigator's decision on behalf of the Ombudsman