Birmingham City Council (23 017 755)
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
- 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.
- Miss X says Y has been unfairly denied transport to school.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- 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.
- 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.
What I found
Law, guidance and policies
- 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?
- This is a brief chronology of key events. It does not contain everything I reviewed during my investigation.
- In 2023, Mrs X applied for travel assistance to school for Y. The Council rejected her application.
- 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.
- 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
- I have reviewed all the stage 1 and stage 2 appeal documents, including supporting evidence considered and the minutes of the appeal hearings.
- 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.
- 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.
Final decision
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman