Summary: We will not investigate this complaint about the Council’s decision to not provide school transport for Ms X’s son. This is because there is no evidence of fault by the Council in the way it made its decision.

The complaint

1. Ms X complains the Council refuses to provide free school transport for her son. .

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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)

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How I considered this complaint

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

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My assessment

5. Councils are required to make travel arrangements and provide free transport for “eligible children” of compulsory school age to attend their “nearest suitable school”.
6. Ms X’s son has special education needs and has an Education, Health, and Care Plan. She complains the Council refuses to provide transport for her son to attend a specialist nursery facility which is suitable for his special educational needs.
7. The Council has refused to provide transport as Ms X’s son has not reached compulsory school age. Also, he is attending a private day nursery, not a school.

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Investigator's decision on behalf of the Ombudsman