Summary: We will not investigate Miss X’s complaint about the Council’s decision her children do not qualify for free home to school transport. This is because there is no sign of fault by the Council.

The complaint

1. The complainant, Miss X, complains about the Council’s decision her children are not eligible for free home to school transport.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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

5. I considered information provided by the complainant.
6. I considered the Council’s Home to School Travel and Transport Policy.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss X applied for free transport to school for her children. The Council refused the application. It said they did not meet the criteria for free school transport, as set out in its policy, because they are not attending the nearest suitable school or catchment school.
9. Miss X appealed the Council’s decision via the stage 2 appeal panel. She provided additional information about her family circumstances, work commitments and the current arrangements for getting her children to and from school, in support of her appeal.
10. The panel considered Miss X’s appeal and the information she provided as well as her reasons for choosing this school. It upheld the original decision not to provide free home to school transport, in line with the Council’s policy. It found no grounds to agree Miss X’s appeal outside of the Council’s policy.
11. We will not investigate Miss X’s complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. It has considered and decided the application and appeal in line with its published policy which sets out the eligibility criteria for free school transport. Miss X exercised parental choice in sending her children to a school which is neither their catchment school nor the nearest suitable school. However, this means they do not meet the criteria for free school transport.
12. We are not an appeal body and it is not our role to question the Council’s decision where, as here, there is no sign of fault in the way it was reached. The panel considered the relevant information and decided not to allow the appeal outside of the Council’s policy. This is a decision it was entitled to make.

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Final decision

13. We will not investigate Miss X’s complaint because there is no sign of fault by the Council.

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Investigator's decision on behalf of the Ombudsman