Summary: We will not investigate this complaint about the Council’s decision not to award Mrs X free home to school transport. This is because we would be unlikely to find fault with the Council’s actions.

The complaint

1. Mrs X complained that the nearest school to her address was not displayed on the Council’s school catchment area finder. She also complained the Council would not agree to provide free home to school transport for her child Y to attend her preferred school.

Back to top

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 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 or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mrs X applied to the Council for free home to school transport for her child Y. The Council rejected her application because Y was accepted to a school which was not the nearest school in her catchment area.
6. Mrs X complained to the Council about its decision and further complained that the nearest school to her address did not appear on the Council’s online school catchment area finder.
7. The Council considered Mrs X’s complaint and maintained its position. The Council explained that its free home to school transport policy clearly states that for a child to be eligible they must have applied and been accepted for the nearest school in their catchment area. The Council also explained that its catchment area finder tool was designed to allow parents to see whether their address falls into a particular school’s catchment area and was not related to the Council’s free school transport policy. Mrs X appealed the decision, and the Council again maintained its position.
8. Mrs X remains unhappy with the decision and wants us to find the Council at fault. The evidence shows that the Council has considered Mrs X’s appeal in line with its policy and found Y is not eligible for free home to school transport. The Council has explained this to Mrs X using clear and well evidenced rationale. The Council has also clearly responded to Mrs X’s complaint regarding its online catchment finder. There is no evidence of fault in the way the Council has made its decision or applied its policy.

Back to top

Final decision

9. We will not investigate Mrs X’s complaint because we would be unlikely to find fault with the Council’s actions.

Back to top

Investigator's decision on behalf of the Ombudsman