Dorset Council (21 008 537)
The Ombudsman's final decision:
Summary: We have not found fault by the Council regarding Ms X’s complaint that the Council unfairly refused to provide a school bus pass.
The complaint
- The complainant, whom I shall call Ms X, complained she is unhappy with the outcome of an appeal for her daughter's school transport application. It has caused her stress and has a financial impact. Ms X considers she has exceptional circumstances due to bullying and poor teacher performance at her previous schools. Ms X’s daughter did receive a bus pass in her first two years at the school.
The Ombudsman’s role and powers
- 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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended).
- 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)
How I considered this complaint
- I have discussed the complaint with the complainant and considered the complaint and the copy correspondence provided by the complainant. I have made enquiries of the Council and considered the comments and documents the Council provided. Ms X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.
What I found
- Ms X’s daughter moved to a different secondary school in 2018. The Council had provided a bus pass in the first two years Ms X’s daughter attended the school. It appears this was due to Ms X’s daughter continuing to use the pass she had received for her previous school. The Council says that the pass should not have been used for the new school from 2018 because it was only valid for the old school.
- In 2020 the pass expired and the Council did not renew it because it said Ms X’s daughter was not eligible.
- Ms X applied for free home to school transport for her daughter. The Council considered the request for a free bus pass through a Stage 1 and Stage 2 complaint. But it refused to provide a free school bus pass from September 2020. Ms X appealed the Council’s decision. She said her daughter had been bullied at her former school and the teaching was poor. The Council’s appeal panel refused Ms X’s appeal in October 2020.
- The appeal panel’s decision for refusal found Ms X’s daughter was not attending her catchment or nearest suitable school. The panel considered Ms X was not entitled to free school transport under the Council’s Home to School Transport Policy. The panel noted the circumstances Ms X raised including the issues her daughter experienced at her former school. However, it considered Ms X’s daughter attended the new school on parental preference grounds. Although the panel said it had sympathy for Ms X, it did not consider there were special circumstances that meant it should make an exception and allow her appeal.
- I have not seen evidence of fault by the Council in its decision making. It appears the panel considered the Council’s policy, the matters Ms X raised and the documents she provided. Therefore, as I have not found fault in the decision making, I cannot question the decision as I explain in paragraph 2.
- Ms X’s daughter continued using the bus pass for the new school in error. Ms X says this was because a previous appeal panel advised her the pass would continue until the end of year 11. However, I consider this comment was in respect of the previous school. When Ms X’s daughter moved to a different school her circumstances changed and she was not entitled to free school transport.
Final decision
- I have not found fault by the Council. Therefore, I have completed my investigation and closed the complaint.
Investigator's decision on behalf of the Ombudsman