Summary: We will not investigate this complaint about a home to school transport application. There is insufficient evidence of fault to justify an investigation.

The complaint

1. Mrs X complains the Council wrongly decided her daughter, D, did not qualify for free home to school transport.
2. Mrs X says that as a result, D is missing out on education.

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The Ombudsman’s role and powers

3. 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

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

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My assessment

6. Mrs X asked the Council to provide free home to school transport for her daughter, D, to her preferred secondary school choice (School B).
7. The Council refused Mrs X’s application. It said to qualify for free school transport, Mrs X had to apply to the six nearest suitable schools which she had not done. The Council said it would use its discretion to reimburse Mrs X for her petrol costs taking D to school to the end of July 2023. Following that, she would have to reapply for free transport under the Council’s revised policy.
8. Councils must apply their transport policy when deciding entitlement to school transport. But they also have the discretion to consider exceptional circumstances. They must have a review or appeal process by which to do so.
9. Mrs X contested the Council’s decision not to provide D with free home to school transport. The Council upheld its decision. Mrs X asked for her appeal to be escalated.
10. The Council convened a formal stage 2 appeal panel to consider Mrs X’s case.
11. The Panel considered the information submitted by Mrs X and the Council. It found that Mrs X had not applied to the six nearest suitable schools. Furthermore, one of the schools Mrs X had not applied to had places available and was nearer to D’s home than School B. The Panel did not uphold Mrs X’s appeal. The decision letter explained why the Panel made its decision and that there were no exceptional circumstances which would mean the Council should act outside its policy.
12. The Council’s policy was in line with the legislation on home to school transport. It correctly applied this policy to Mrs X’s original application and the appeals. At each stage it considered the information it was presented with and reached a decision it was entitled to take. It explained its reasons for each of its decisions.
13. We are not an appeal body and cannot criticise decisions which were properly taken. Based on the evidence available, there is not enough evidence of fault in how the Council considered Mrs X’s application and appeals to warrant further consideration. We will not, therefore, start an investigation into Mrs X’s complaint.

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Final decision

14. We will not investigate because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman