Summary: Mrs X complained about the Council’s decision to withdraw an offer of home to school transport when she accepted a place for her daughter at a school further away than the school where it first offered her a place. Mrs X then took up the place at the first school and the Council reinstated the transport offer. We have discontinued our investigation as it would not achieve any useful outcome for Mrs X and her daughter.

The complaint

1. Mrs X complains that the Council failed to consider her appeal for home to school transport for her child properly. She says it did not take proper account of her reasons for choosing School 4 over School 3 the comparative costs of transport to the two schools, or the safety of the walking route.
2. She also complains that the Council has been inconsistent in its decisions as it has awarded transport to School 3 to other families who did not apply for places at nearer schools.

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The Ombudsman’s role and powers

3. 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)
4. 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) For example we may decide not to continue an investigation if it is unlikely to achieve the outcome the complainant wants.

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How I considered this complaint

5. I discussed the complaint with Mrs X and considered the information she provided. I considered the information the Council provided in response to my enquiries. Mrs 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

Home to school transport

6. Councils must provide free home to school transport for eligible children of compulsory school age to their qualifying schools. (Education Act 1996, 508B(1) and Schedule 35B)
7. Eligible children include those who:
• live beyond the statutory walking distance from the school (two miles for children under eight, three miles for children aged eight and above);
• live within walking distance of the school but who cannot to walk to school because the route is unsafe.
8. The qualifying school is the nearest school with places available that provides education suitable to the age, ability and aptitude of the child, and any special educational needs the child may have.
9. Councils also have discretion to offer transport where they consider it necessary to help ensure the child attends school.

What happened

10. Mrs X has a daughter, D, who was due to move to secondary school in September 2020. Mrs X applied for places at four schools. School 3 was her third choice and School 4 was her fourth choice. There were no places available at her first two preference schools and the Council offered D a place at School 3, the nearest school with places available. Mrs X accepted the place.
11. Because School 3 was the closest school with places available but was over three miles away, the Council offered home to school transport to School 3.
12. In June 2020 School 4 offered D a place from its waiting list. Mrs X accepted the place and refused the place at School 3. As School 4 was further away from her home than School 3, the Council withdrew its offer of transport.
13. Mrs X appealed against the decision to withdraw transport. She argued that School 4 was only around 160 metres further away than School 3, and the journey to School 4 was quicker and easier. She also argued that the walking route to School 4 was difficult and dangerous. She provided supporting statements and evidence.
14. Mrs X went through the two stages of the Council’s appeals process. The Council did not uphold her appeal on the basis that under the law and its policy D would only be eligible for transport to her nearest available school, which was School 3, and she had refused a place there.
15. Mrs X complained to the Ombudsman. After she made her complaint she decided to take up the place at School 3. The Council reinstated the offer of transport. Mrs X explained to the Ombudsman that there were several reasons why School 3 was not her preferred school and she would rather D went to School 4.

Analysis

16. I have not come to a view about whether the Council was at fault in the way it dealt with Mrs X’s appeal for home to school transport. But even if I were to find fault, the most likely outcome would usually be a recommendation for the Council to reconsider its decision. In this case such a recommendation would have no practical effect. D is attending School 3. In order for the Council to consider awarding transport to School 4 she would need to have secured a place at School 4. So the way forward for Mrs X would be to apply for a place at School 4. There may not be any vacancies at School 4 in D’s year group. But if she is successful, Mrs X would need to apply for help with transport. If the Council refuses, she would be able to appeal again. The Council would need to consider the circumstances that apply at that time, rather than at the time of her original application. If Mrs X was unhappy with the way the Council dealt with her appeal then she would have the opportunity to make a further complaint to the Ombudsman. We would then consider how the Council dealt with that later appeal. Therefore I do not consider it would serve any useful purpose to continue to investigate the current complaint about the last appeal.

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Final decision

17. I have decided to discontinue my investigation without making findings on whether the Council was at fault or not. This is because I do not consider further investigation is likely to achieve anything useful for Mrs X.

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Investigator's decision on behalf of the Ombudsman