Summary: We will not investigate Mrs X’s complaint about the amount per mile the Council pays parents who transport their children to school. This is because there is not enough evidence of fault by the Council.

The complaint

1. The complainant, whom I shall call Mrs X, complains about the amount per mile the Council pays parents who transport their children to school.

Back to top

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, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• it would be reasonable for the person to ask for a council review or appeal.

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

3. 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)

Back to top

How I considered this complaint

4. I considered Mrs X’s complaint to the Ombudsman and the information she provided. I also gave Mrs X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

Back to top

What I found

What happened

5. Mrs X’s child, who has Special Educational Needs, is entitled to free transport to school. But instead of the Council providing transport, Mrs X takes her child to school. The Council then pays Mrs X 35 pence per mile for two return journeys per day. Mrs X says this is unfair because the Council pays “everyone” 45 pence per mile “except SEN parents”. Mrs X says volunteer drivers get 45 pence per mile and could be required to take children to school. Mrs X says the Council is discriminating against the parents of children with SEN. She wants the Council to pay her the amount she says she has missed out on and to amend its policy.
6. The Council has responded to Mrs X’s complaints. In its response it said that:
• Parents of mainstream pupils and those with SEN are offered the same rate of 35 pence per mile if given the option of taking their children to school. There was therefore no evidence of discrimination.
• If a parent thinks there are exceptional circumstances, they can ask the Council to review the rate paid.
• Employees and voluntary staff are paid a higher rate – but they are different groups and are not the parent(s) of child(ren) eligible for transport assistance. Volunteer drivers are never used to transport children with SEN to school.
• If Mrs X remained unhappy, she could complain to the Ombudsman.

Assessment

7. Councils are required to provide free transport to ‘eligible’ children. These include children who liver over the statutory walking distance from their school, and children who are unable to walk to school because of their SEN.
8. Statutory guidance published by the Department for Education states that councils can pay parents a mileage allowance, instead of directly arranging and providing transport. Parents need to consent to these arrangements.
9. But it is for councils to decide how much they will pay parents – this is not a decision for the Ombudsman. The Council has decided to pay parents who elect to receive a travel allowance a rate of 35 pence per mile. This is a decision the Council is entitled to take. The Council’s school transport policy, effective from September 2018, was approved by the Executive Lead Member for Children's Services.
10. If parents of eligible children are unhappy with the amount offered, they can ask the Council to arrange transport – such as a bus pass or taxi. They also have the option of asking the Council to pay more if they believe there are exceptional circumstances. This option remains open to Mrs X.
11. It is also for the Council to decide how much to pay other groups – such as employees and volunteers. As the Council has explained to Mrs X, these groups are very different to parents who have agreed to take a child to school in lieu of transport arranged by the Council.
12. Based on the information available I have not seen any evidence of fault by the Council and so we will not investigate.

Back to top

Final decision

13. We will not investigate Mrs X’s complaint. This is because there is not enough evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman