Summary: We will not investigate Mrs X’s complaint about the Council stopping home to school transport for her daughter. This is because there is insufficient evidence of fault with the way the Council considered and made its decision.

The complaint

1. Mrs X complains about the Council’s decision to stop home to school transport for her daughter.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X’s daughter is 17 years old and attends a technical college. She does not have an Education, Health, or Care (EHC) plan and there is no evidence she received any special educational provision.
6. Councils have no duty to make transport arrangements for young people of sixth form age. Instead, the law requires councils to publish a transport policy statement setting out the transport arrangements they consider necessary to make to facilitate attendance at education or training, and the financial help available, for learners of sixth form age. The statement must set out the arrangements the council proposes to make for young people with special educational needs and/or disabilities. Councils have discretion to set their own arrangements.
7. Sixth form age for transport purposes means:
• 16-19 year olds who started a course before their 19th birthday; and
• young people with EHC plans up to age 25 where they are continuing on a course started before their 19th birthday.
8. The Council has a transport policy setting out the transport arrangements it will provide for post 16 learners, and for young people with special educational needs and/or disabilities. The policy sets out the eligibility criteria to qualify for consideration for transport.
9. Mrs X’s daughter does not meet the eligibility criteria set out in the Council’s policy. Therefore, an investigation is not justified as we are not likely to find fault with the Council’s decision. This is because the evidence shows the Council appropriately applied its policy when it considered Mrs X’s request for home to school transport.

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Final decision

10. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault with the way the Council considered and made its decision.

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Investigator's decision on behalf of the Ombudsman