Summary: Mrs X complains the Council did not fully consider the circumstances of her application for school transport for her daughter. She says the Council’s decision was based on the potential cost of travel rather than the reasons she provided. Mrs X says the Council’s actions caused her unnecessary distress and upset and have been time consuming to deal with. We have discontinued this investigation because Mrs X has started court proceedings against the Council regarding the same matter.

The complaint

1. Mrs X complains the Council did not fully consider the circumstances of her application for school transport for her daughter.
2. Mrs X says the Council’s decision to refuse her application was based on the potential cost of travel rather than the reasons she provided. She says the Council’s actions caused her unnecessary distress and upset and have been time consuming to deal with. She says her daughter’s attendance at school has also been placed at risk.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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)

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How I considered this complaint

5. I have discussed the complaint with Mrs X and considered the information she provided.
6. I have considered the information provided by the Council.
7. Mrs X and the Council have had the opportunity to comment on a draft of this decision. I have considered the comments provided before making a final decision.

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What I found

School transport statutory guidance

8. The Department for Education publishes guidance on school transport that councils should follow.
9. Councils must provide free school transport to the nearest school with places available for:

• children living outside ‘statutory walking distance’ from the school (two miles for children under eight, three miles for children between eight and 16)
• children living within walking distance of the school but who cannot reasonably be expected to walk to school because of their special educational needs, disability or mobility problem
• children living within walking distance of the school but who cannot reasonably be expected to walk to school because the route is deemed unsafe to walk
• children entitled to free school meals, or whose parents are in receipt of their maximum level of working tax credit in certain cases.

10. If a parent chooses a school beyond the relevant walking distance when there was a space at a school the council deems suitable nearer home, the child will not be eligible for free transport to the chosen school. But there must have been a realistic prospect of getting a place at the nearer school at the time places were allocated.
11. It is up to each council how they decide on the “nearest” suitable school. A council may use different methods to measure the safe walking route and to decide the nearest suitable school. A council may decide the nearest suitable school in the same way it does for admission purposes (for example by straight line or shortest road route).

Council policy

12. The Council’s published Home to School and College Transport policy sets out the circumstances in which pupils will receive transport support for the journey to and from the school or college at which they are registered.
13. The policy says free transport to enable a child to attend a secondary school will be provided if the child is in Years 7 to 11 and:

• The child is attending their catchment area school and the only available routes to the catchment area school from the child’s home are more than three miles.

or

• The parent’s application for a place for their child at a school is refused, free transport will be provided to the school allocated in accordance with [the Council’s] co-ordinated scheme for secondary school admissions if the only available routes to the school allocated in that way are more than three miles. If a place comes available for the child at their catchment area school before the child is on roll at the school allocated under the co-ordinated scheme, the entitlement to free transport to the allocated school will be withdrawn.

or

• The child is attending a school which is not their catchment area school and the child’s parents have not been able to secure a place at a school nearer to their home and the only available routes to the school the child is attending from the child’s home are more than three miles.

or

• The child is entitled to free school meals or the child’s parents are in receipt of their maximum level of Working Tax Credit and the school the child is attending is either one of their three nearest qualifying schools which is above 2 miles but less than 6 miles from their ordinary place of residence; or it is the nearest suitable qualifying school preferred by the child’s parents on the grounds of the parents’ religion or belief and the school is more than 2 miles but not more than 15 miles from the child’s home address.

14. The policy says the Council may authorise the provision of home to school or college transport in any circumstances where the Director considers the parents have shown there are special circumstances which justify making an exception. The Director can agree to the Council meeting the full costs of transport or paying part of the costs.
15. The policy also says an applicant can appeal against the Council’s decision if they believe there are good reasons why the Council should make an exception in their case. All appeals are considered by the Council’s Appeals Committee.

What happened

16. Mrs X’s daughter, Child Y, was due to start secondary school in September 2020, and was offered a place at a Catholic secondary school. Mrs X says her family are practising Catholics and it is important for Child Y to attend a Catholic school.
17. Mrs X says the family had to move to a new house urgently due to an incident at their previous address. She says the family were placed in emergency accommodation.
18. In June 2020, Mrs X asked the Council to provide free transport for Child Y to the secondary school. She said there were exceptional circumstances which should be considered as part of her application, including her requirement to quickly find alternative housing and the importance of Child Y receiving a Catholic education.
19. The Council refused Mrs X’s application and said there were insufficient reasons to justify transport support. It said the school was more than 15 miles from Mrs X’s address, and the circumstances did not meet the criteria set out in its Home to School Transport policy.
20. Mrs X disagreed with the Council’s decision and asked the Appeals Committee to review her application.
21. In July 2020, the Appeals Committee reviewed Mrs X’s application. It dismissed her appeal because it found no exceptional or medical circumstances to allow it to veer from the Council’s policy.
22. Mrs X remained dissatisfied with the Council’s decision and brought her complaint to the Ombudsman.
23. In July 2020, Mrs X told the Council she intended to take legal action against its decision.
24. In October 2020, Mrs X made an application to the courts to claim costs for home to school transport from the Council.

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Final decision

25. By taking the matter to court, Mrs X has used an alternative remedy. Because of this we cannot continue to consider Mrs X’s complaint. I have therefore discontinued the investigation.

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Investigator's decision on behalf of the Ombudsman