Summary: The Ombudsman will not investigate this complaint about the Council’s decision to refuse the complainant’s application for school transport. This is because it is unlikely an investigation by the Ombudsman would result in a different outcome or achieve anything more for the complainant.

The complaint

1. The complainant, whom I shall refer to as Mrs X, has complained about the Council’s decision to refuse free transport to and from school for her daughter Y.

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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 could add to any previous response by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered Mrs X’s complaint and the Council’s response. I invited Mrs X to comment on a draft of this decision.

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What I found

4. Councils have a duty to provide free home to school transport for pupils in certain circumstances. The government issued statutory guidance to local authorities on home to school travel and transport in July 2014. This says local authorities must provide free home to school transport for pupils up to statutory school leaving age who live beyond walking distance to school. If the child is under 8 years old the walking distance is defined as two miles. This increases to three miles for children aged between 8 and 16 years old. However, councils are only required to provide free transport if the child is attending their nearest qualifying school. The guidance says the nearest qualifying school is the nearest school that can provide ‘education appropriate to the age, ability and aptitude of the child, and any special educational needs the child may have’.

Assessment

5. I will not investigate Mrs X’s complaint about how the Council dealt with her application for school transport. This is because it is unlikely an investigation by the Ombudsman could achieve anything more.
6. The Council refused Mrs X’s application as it said Y was not attending her nearest school. Mrs X was unhappy and appealed the Council’s decision. But the Council’s decision to refuse transport was upheld.
7. Following the appeal decision, Mrs X provided further information to the Council and school transport for Y has now been awarded. As Y is now receiving free transport to and from school it is unlikely an investigation by the Ombudsman could achieve anything more or result in a different outcome.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because it is unlikely an investigation by the Ombudsman could achieve anything more for Mrs X.

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Investigator's decision on behalf of the Ombudsman