Summary: Mrs B complained that the Council failed to properly consider her application and appeal for school transport for her daughter when her travel arrangements changed. We have not identified fault with the actions of the Council which caused Mrs B an injustice.

The complaint

1. Mrs B complained that Lincolnshire County Council (the Council) failed to properly consider, as part of her school transport application and appeal, whether her daughter was likely to have secured a place at her nearest school. This caused Mrs B uncertainty as to whether the Council’s decision is fair.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I have considered the complaint and the documents provided by the complainant, made enquiries of the Council and considered the comments and documents the Council provided. Mrs B and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Council’s school transport policy

5. The Council’s policy states that it will provide free transport for eligible primary pupils who are attending their nearest suitable school if it is more than two miles away from their home address.
6. It asks parents to consider the transport entitlement when choosing a school for their child and if they do not choose the nearest school, they cannot assume that transport will be provided. It says the Council can provide advice about the nearest school if requested by a parent.
7. The section of the Council’s website on applying for a school place says in several places that parents should check their eligibility for school transport when applying for a school place including checking with the Transport Commissioning Team as this may influence their choice of school.

What happened

8. Mrs B applied for a place at School Z for her child as they were moving to the area. She said she applied for that particular school having spoken to other families living in the area and she had arranged a lift to school with another family who were living close by. She thought the bus would be a good back up if this arrangement fell through. She said she did not really understand the application process as where they had lived before there was only one school to apply for. She also felt School Z best suited her child’s needs. She did not apply for any other schools.
9. A few years later Mrs B’s lift arrangements broke down and she applied for school transport. The Council refused the application because School Z was not Mrs B’s closest or designated school: School Y was approximately a mile nearer.
10. Mrs B appealed the decision, and the Council considered it at stage one of its appeal procedure. It refused the appeal as School Z was not their nearest school and there were no exceptional circumstances.
11. Mrs B appealed again and asked to attend the hearing which was arranged for 28 September 2023 on a video call. She confirmed she would be attending and provided medical evidence of health conditions she and her child had. The Panel waited for 15 minutes on the morning of the appeal, but Mrs B did not attend. It considered the appeal in her absence and upheld the previous decision.
12. Mrs B then complained to us.
13. In response to my enquiries the Council said:
• It would have checked when considering Mrs B’s application for transport, whether there were places available at School Y at the time Mrs B applied for a place for her daughter.
• It provided evidence that the Council checked this point after I have made my enquiries and confirmed that Mrs B’s daughter would have got a place at School Y at the point, she applied to School Z.

Analysis

14. I understand Mrs B was unhappy with the decision to refuse her daughter free school transport. However, the Council has decided her application in accordance with its policy, taking into account the information Mrs B provided and her current circumstances. I have not identified fault in the way it was made and so I am unable to change the decision or say the Council should reconsider the matter.
15. The Council provided sufficient information on its website regarding the importance of considering transport when deciding on suitable schools and Mrs B could have asked for more information at the time, she applied for a school place. I understand other people living near to her were eligible for free transport but that does not mean the Council’s decision was wrong as it has to consider the nearest suitable school, which in Mrs B’s case was School Y.
16. The only issue I would raise is that there is no evidence that the Council checked during the application and appeal process whether Mrs B would have got a place for her daughter at School Y if she had applied. I consider this should be done at some point during the process. The Council said it would have checked this point, but it has not provided a note of this. However, I am satisfied from the recent information that Mrs B would have received a place at School Y, her nearest suitable school and so I shall not pursue this point as it did not cause Mrs B an injustice.

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Final decision

17. I have completed my investigation into this complaint as I am unable to find fault causing injustice in the actions of the Council towards Mrs B.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman