Birmingham City Council (23 017 755)

Category : Education > School transport

Decision : Not upheld

Decision date : 22 Aug 2024

The Ombudsman's final decision:

Summary: Mrs X complains the Council has not properly dealt with an application for transport assistance for her son Y. The Council is not at fault.

The complaint

  1. The complainant, whom I shall refer to as Mrs X, complains the Council has not properly dealt with an application for travel assistance for her son Y.
  2. Miss X says Y has been unfairly denied transport to school.

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The Ombudsman’s role and powers

  1. 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

  1. I spoke to Mrs X about his complaint and considered documents she provided. I made enquiries of the Council and considered its response and the supporting documents it provided.
  2. Mrs X and the Council now have an opportunity to comment on my draft decision. I will consider their comments before making a final decision.

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What I found

Law, guidance and policies

  1. The Council’s Travel Assistance Policy explains how the Council determines application for travel assistance to school. Applicants are entitled to follow a two stage appeals process.

What happened?

  1. This is a brief chronology of key events. It does not contain everything I reviewed during my investigation.
  2. In 2023, Mrs X applied for travel assistance to school for Y. The Council rejected her application.
  3. Mrs X appealed the Council’s decision at stage 1 of its policy in January 2024. The appeal was considered in approximately one week and upheld the original decision.
  4. Mrs X appealed at stage 2 of the Council’s policy at the end of January 2024. The stage 2 appeal was held within a week and upheld the original decision.

Analysis

  1. I have reviewed all the stage 1 and stage 2 appeal documents, including supporting evidence considered and the minutes of the appeal hearings.
  2. The Council considered and took account of all relevant aspects of Mrs X’s appeals, including:
    • the supporting evidence provided.
    • whether Y suffered any mobility problems.
    • Y’s Education, Health and Care Plan, which was specifically referenced in the minutes of the appeal hearings.
  3. Mrs X may not agree with the outcome, but these were decisions the Council was entitled to reach. This is not fault by the Council.

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Final decision

  1. I have not found fault by the Council. I have now completed my investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman

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