Summary: Mrs Y complained the Council refused to provide school transport for her child after it made changes to the schools near where she lives. We stopped investigating Mrs Y’s complaint. During our investigation, the Council agreed to provide transport for Mrs Y’s child and for similarly affected children. If the Council reviews this decision in future, parents affected by any changes will have the right to appeal. No further action by the Ombudsman is needed.

The complaint

1. Mrs Y complained the Council refused to provide school transport for her child. She says the Council failed to take into account that the qualifying school for transport was on the same site as the school her child attended and that her other child still gets school transport. She wanted the Council to reinstate transport for pupils attending her child’s school.

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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 provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
3. We may investigate matters coming to our attention during an investigation, if we consider that a member of the public who has not complained may have suffered an injustice as a result. (Local Government Act 1974, section 26D and 34E, as amended)

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How I considered this complaint

4. I considered the information Mrs Y and the Council provided.
5. Mrs Y and the Council had an opportunity to comment on my draft decision.

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What I found

What happened

6. This complaint involves two schools which are located on the same site:
• School P was originally a ‘First school’, covering school years 1 – 4. After a review, the Council changed School P to a Primary school, covering years 1 – 6.
• School M is a Middle school, covering school years 5 – 8. The Council originally intended to close School M, but this decision was reversed by the Office of the Schools Adjudicator.
7. Before the changes, most pupils attending School P would have transferred to School M in Year 5.
8. The Council’s school transport policy says it will provide free school transport for eligible children to their nearest ‘qualifying school’. The Council says this would normally be based on the catchment area of the school, but might also be the nearest school if this is closer than the catchment area school.
9. Mrs Y’s child previously attended School P, and then moved to School M in Year 5. Mrs Y applied for school transport, but the Council refused this because it said that School P was now their qualifying school. Since Mrs Y’s child no longer attended School P, they were not entitled to free school transport under the Council’s policy.
10. Mrs Y appealed because the two schools were on the same site, and her other child received transport to School M. The Council refused Mrs Y’s appeal, so Mrs Y complained to the Ombudsman.
11. After Mrs Y complained to the Ombudsman, the Council decided to make an exception for Year 5 and 6 pupils attending School M, who are in the catchment area of School P. It accepted it could not distinguish the difference between distances to each school, because they were on the same site and shared an entrance. However, the Council pointed out that this was a discretionary exception to its policy and it might review this in future.

Ending our investigation

12. When deciding whether to continue with an investigation I have considered:
• the Council’s decision to make an exception to its normal school transport policy due to what it says is the unique situation of Schools P and M;
• that the exception applies to all Year 5 and 6 pupils at School M, who live in the catchment area of School P;
• that, if the Council decides to change the exception in future, parents will have a right of appeal to the Council, and to bring a complaint to the Ombudsman about how the Council makes any change; and
• that an investigation at this stage would be unlikely to lead to a different outcome.
13. Therefore, I have decided to end my investigation of Mrs Y’s complaint.

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Final decision

14. I have ended my investigation of the complaint. During the investigation, the Council agreed to provide transport for Mrs Y’s child and for similarly affected children. If the Council reviews this decision in future, parents affected by any changes will have the right to appeal. No further action by the Ombudsman is needed.

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Investigator's decision on behalf of the Ombudsman