Summary: We will not investigate Mr X’s complaint that the Council was wrong to refuse free home to school transport. It is unlikely we would find fault in the process or decision.

The complaint

1. The complainant, whom I shall call Mr X, says the Council was wrong to refuse him free home to school transport for two of his children, Y and Z.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by 'maladministration' and 'service failure'. I have used the word 'fault' to refer to these. 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)

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I considered Mr X’s comments on a draft version of this decision.

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My assessment

Background events

6. Mr X says that in August 2020 he moved home following police advice. This meant two of his children, Y and Z, now lived over three miles from their primary school, School A.
7. In May 2021, Mr X applied for home to school transport for Y and Z to start in September 2021. The Council refused. Mr X applied for a first stage and second stage review. He said:
• Y and Z had free school meals,
• it was not in their best interests to move schools,
• they had special educational needs,
• the route to the nearest school was not safe and the next school was over two miles away, so as the Council would, he believes, have to provide transport if he moved the children’s schools, they might as well provide it to their current school.
8. The Council’s stage two review panel considered the case in August 2021 and refused the appeal. It said the children did not attend the nearest school. It said there were many other schools closer to Mr X’s home. It said he had not provided any exceptional circumstances.

Background law and guidance

9. In July 2014, the government issued statutory guidance to local education authorities on home to school travel and transport. (The Education Act 1996 sections 508 and 509, and part 6 of the Education and Inspections Act 2006.) Councils have to follow this guidance unless they have good reasons not to.
10. Councils are required to make travel arrangements and provide free transport for “eligible children” of compulsory school age to attend their “nearest suitable school”. A child is eligible where the nearest suitable school is more than two miles from their home if the child is aged under eight; and three miles if aged between eight and sixteen.
11. The guidance says the nearest suitable school is:

“Taken to mean the nearest qualifying school with places available that provides education appropriate to the age, ability and aptitude of the child, and any SEN that the child may have.”

12. It defines qualifying schools as:
• “community, foundation or voluntary schools;
• community or foundation special schools;
• non-maintained special schools;
• pupil referral units;
• maintained nursery schools; or
• city technology colleges (CTC), city colleges for the technology of the arts (CCTA) or academies, including free schools and University Technical Colleges (UTC).”
13. The guidance also provides wider rights to free transport for low income families. It does not require priority to ‘looked after children’.
14. Councils also have “discretionary powers to go beyond their statutory duties and provide transport for children who are not entitled to free transport.” They may make charges for, or pay all or some of the reasonable travel expenses where they use their discretionary powers to provide transport.
15. The guidance says councils should have an appeals system. It sets out a recommended appeal process.

Analysis

16. Mr X’s children do not attend their nearest suitable school on the information he has provided. He has provided no evidence it is not in the children’s best interests to move schools. The Council’s decision is not one we are likely to criticise given it is in line with the guidance. The Council has adopted the guidance recommended appeal’s structure. It is unlikely we would find its decision process is flawed.

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Final decision

17. We will not investigate this complaint. This is because is it unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman