Summary: We will not investigate Mr X’s complaint about a refusal to grant home to school transport. It is unlikely we would find fault.

The complaint

1. The complainant, whom I shall call Mr X, says the Council’s decision to refuse his home to school transport application is wrong and it should grant at least a contribution towards the costs.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), 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.

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My assessment

Council’s duties and powers

5. Local authorities must make suitable home to school travel arrangements as they consider necessary for ‘eligible children’ of compulsory school age to attend their ‘qualifying school’. The travel arrangements must be made and provided free of charge. The relevant qualifying school is the nearest school with places available that provides education appropriate to the age, ability and aptitude of the child, and any special educational needs the child may have. ‘Eligible children’ include:
• children living outside ‘statutory walking distance’ from the school (two miles for children under eight, three miles for children aged eight and above);
• children living within walking distance of the school but who cannot reasonably be expected to walk to school because of their special educational needs, disability or mobility problem;
• children living within walking distance of the school but who cannot walk to school because the route is unsafe; and
• children entitled on low-income grounds. (Education Act 1996, 508B(1) and Schedule 35B)
6. The relevant ‘qualifying school’ is the nearest school with places available that provides ‘education appropriate to the age, ability and aptitude of the child, and any special educational needs the child may have’.
7. Qualifying schools include:
• Community, foundation or voluntary schools;
• Non-maintained special schools;
• City technology colleges, academies and free schools.
8. Councils should have an appeals process in place for parents who wish to appeal about the eligibility of their child for travel support. |(Home to School transport guidance July 2014 paragraphs 54-55)

Background events

9. Mr X’s child, Y, obtained a place at a grammar school to start in September 2023 which is over 10 miles from their home. Mr X applied for home to school transport. The Council refused the application. It said the grammar school was not their nearest school. It said School Z is. Mr X says he did not include School Z on their school application as it is not their ‘designated’ school.
10. Mr X appealed the Council’s decision to its internal appeals process. The Council heard the appeal in August but agreed the decision to refuse the application.
11. Mr X says the nearest school is at least nine miles away. He says this means the Council should contribute the ‘marginal cost’, up to the cost it would have incurred if Y had attended the nearest school. The Council refused. It says this is not its policy. It says if it did this, it would encourage parents not to apply to their nearest school. It says this would not be within the intention of the law and guidance. Mr X disagrees and believes the Council’s policy should be reviewed.

Analysis

12. The nearest qualifying school is the nearest state school which delivers the national curriculum for the age of the child. Qualifying for a grammar school does not affect this. It does not mean the nearest suitable school becomes the nearest grammar school. It is unlikely we would find fault in the Council’s decision to refuse Mr X’s home to school transport application. The decision is in keeping with the law and guidance.
13. We are unlikely to find fault in the Council’s decision not to grant a ‘marginal cost’ payment to Mr X. Its decision is within its policy. If Mr X would like the Council to change its policy he will need to approach his local Councillor.

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Final decision

14. We will not investigate Mr X’s complaint because we are unlikely to find fault.

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Investigator's decision on behalf of the Ombudsman