Summary: We will not investigate this complaint about the Council’s decision to dismiss a home to school transport appeal as there is not enough evidence of fault to justify an investigation.

The complaint

1. Miss X complains the Council has dismissed her appeal for home to school transport because of insufficient evidence. Miss X also complains the panel members were unprofessional. Miss X says this is impacting her son’s access to education and impacts her mental health. Miss X would like a fair appeal and for the Council to provide home to school transport for her son.

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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 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))

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How I considered this complaint

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

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My assessment

5. Miss X applied for home to school transport for her son, Y’s, journeys to and from the specialist post-16 provision named in his EHC plan.
6. The Council agreed Y’s eligibility for home to school transport and offered a personal transport budget in line with its post-16 home to school transport policy.
7. Miss X appealed the Council’s decision as she wanted the Council to provide transport due to being unable to transport Y herself.
8. In line with the Council’s post-16 transport policy a stage 2 panel considered the appeal. The panel looked at whether there was evidence to support that council organised transport was the only option for Y and the family circumstances. The panel determined that this was not evidenced in the information presented on the day of the panel and dismissed the appeal.
9. The Council’s post-16 home to school transport policy makes it clear that a personal transport budget will be the usual offer where a young person is eligible. Council organised transport is only offered in exceptional circumstances. The Council policy is clear that parental work arrangements and children at other schools do not amount to exceptional circumstances.
10. The notes from the panel meeting set out that the panel did enquire about Y’s needs and whether the family had explored all available options for the use of the personal transport budget. Miss Y was not able to evidence exceptional circumstances to the panel.
11. There is no evidence of fault in the conduct or decision of the stage 2 panel.

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Final decision

12. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman