Summary: Mr X complains about the Council’s decision to refuse his application for school transport for his daughter. There is no fault in the way the Council reached its decision.

The complaint

1. Mr X complained about the Council’s decision to refuse his application and subsequent appeal for school transport for his daughter. He believed the panel was at fault in the way it considered his grounds for appeal.

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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. 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

4. I have considered Mr X’s complaint and have spoken to him about it.
5. I have also considered the Council’s response to Mr X and to my enquiries.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

The Home to School Transport Policy

7. The Council’s policy sets out the criteria a child must meet to be eligible for free home to school transport.
8. It clarifies what is meant by terms such as ‘the qualifying school for a pupil’. In summary, this is the closest school to the pupil’s home address, with places available.
9. It also specifies what is meant by a statutory walking distance. This is:
1. two miles for pupils under eight.
2. two miles for pupils aged 8-16 from a low-income family.
3. Three miles for other pupils aged 8-16.
10. The document defines what is meant by a low-income family. This includes pupils who are entitled to free school meals and pupils whose parent receives the maximum level of Working Tax Credit.
11. Parents can apply for free transport under the Council’s policy. If the application is refused, they can appeal. Parents can challenge the decision about the following:
• The transport arrangements offered;
• Their child’s eligibility;
• The distance measurement in relation to statutory walking distances; and
• The safety of the route.
12. There are two stages to the appeal. Stage one is when a senior officer reviews the decision. Stage two is when an independent appeal panel review the decision.

What happened

13. In June 2019, Mr X applied for free school transport for his daughter. He explained they live more than three miles from the school that was chosen on religious grounds. He said his daughter (who was 12 at the time of application) could not walk to school as it was not safe, and the family could no longer afford to pay for the transport.
14. In July, the Council refused Mr X’s application. It said it was on the grounds that the school his daughter attends is not the nearest qualifying school to their home. In the letter, the Council provided alterative options for Mr X’s daughter, and the details to appeal.
15. Later that month, Mr X appealed the Council’s decision. He explained the family are Sikh and his daughter wanted to attend the single sex school although it was not the nearest.
16. The Council was delayed in making a decision on Mr X’s appeal. It explained in an email to Mr X it had a large volume of appeals and limited staff resources. Mr X was unhappy the Council would not make a decision before the start of term in September.
17. On 2 September, the Council maintained its reason for refusal. It explained Mr X’s circumstances did not fulfil the criteria in the policy.
18. Mr X escalated his appeal to stage 2 of the Council’s process. He disputed the walking distances to his daughter’s school and the nearest qualifying school. He also said his daughter needed to attend this school on religious grounds.
19. The appeal panel met in October. I have seen the minutes from this hearing and consider that Mr X and the Council were both given an opportunity to make their case. The panel considered Mr X’s reasons for appeal which included:
• The family being new to the area and not being aware of the process of applying for transport assistance.
• The route from home to school being unsafe to walk for a child of that age range.
• Mr X being aware that another school is the closest, but only by 0.1 miles difference.
• Mr X not having sufficient expenditure to be able to afford transport, due to other commitments.
20. The panel discussed the issue of timing. It said, if Mr X had applied for transport when the other school was full, his daughter’s school would have been the nearest qualifying school. Members of the panel expressed sympathy towards Mr X and his daughter’s situation. However, it was satisfied the Council had properly implemented the current school transport policy and dismissed Mr X’s appeal.

My findings

21. The Council has followed its policy when reaching its decision to refuse Mr X’s daughter’s school transport application. The panel considered Mr X’s individual circumstances at the appeal meeting but did not deem them to be exceptional enough to depart from the policy. This was their professional judgement, and I cannot question this.
22. I acknowledge the Council was delayed in reaching its appeal decision. This caused an added inconvenience to Mr X and his daughter. However, as I have found no fault with how the Council reached its decision, it is unlikely that an earlier decision would have made any difference to Mr X’s case.

Final decision

23. I have completed my investigation. There is no fault with the way the Council reached its decision to refuse Mr X’s application for school transport for his daughter.

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Investigator's decision on behalf of the Ombudsman