Summary: Mrs X complained the Council unfairly refused her application and appeal for post 16 home to school transport for her child, Y. We have ended our investigation as the Council has agreed to offer Mrs X a fresh appeal due to a change in circumstances.

The complaint

1. Mrs X complained the Council unfairly refused her application and appeal for post 16 school transport for her child Y.

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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 further investigation would not lead to a different outcome or there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I have considered information provided by Mrs X and discussed the complaint with her on the telephone. I have considered some initial information from the Council.
4. I gave Mrs X and the Council the opportunity to comment on a draft of this decision. I considered any comments I received before I reached a final decision.

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What I found

What happened

5. Mrs X’s child Y previously received home to school transport to secondary school. Mrs X applied for post-16 school transport. The Council provided Y with a bus pass but refused the application for home to school transport and Mrs X appealed the decision.
6. At the appeal Mrs X explained she was unable to drive and her husband, Mr X, had a medical condition which affected his ability to drive. The nearest bus stop was several miles away.
7. The Council’s appeal panel considered Mrs X’s case but decided Mr X or another family member could take Y to the nearest bus stop. It also considered the choice of Y’s school was parental preference and there was a nearer suitable school.
8. Mrs X told me that Mr X can no longer drive as his medical condition has worsened. The other family member referred to in the appeal lives far away so could not assist with transporting Y. Mrs X also explained that the nearer school referred to by the Council does not do the courses that Y is taking.
9. I advised the Council of the new information provided by Mrs X and the Council has agreed to offer Y a new appeal based on the change of circumstances.

Findings

10. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we find fault in the process followed, we would typically ask a council to hold a new appeal, run properly.
11. In this case the Council has agreed to offer a new appeal based on the change of circumstances. If I were to investigate further and found fault I would recommend a fresh appeal. I have therefore ended my investigation as there is nothing more I could achieve.

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Final decision

12. I have discontinued my investigation as the Council has agreed to offer Mrs X a fresh appeal. There is nothing else I could achieve by further investigating the complaint.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman