Summary: We will not investigate Mrs X’s complaint about the Council's decision to refuse free home to school transport for her child. There is not enough evidence of fault in the way the Council considered the matter to justify an investigation.

The complaint

1. Mrs X complains the Council refused her application and subsequent appeal for free home to school transport for her child. She says it is difficult to get her child to school and this is causing stress for the family.

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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 impact 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 or continue 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))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I considered the Council’s School and College Transport Policy

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My assessment

6. Mrs X applied for free school transport for her child, Y. The Council refused the application. It said her child did not meet the criteria for free school transport, as set out in its policy, because Y was not attending their nearest suitable school or catchment school.
7. Mrs X appealed the Council’s decision. The Council held an appeal hearing which Mrs X attended. The appeal hearing minutes show Mrs X was given an opportunity to present her case and the appeal panel considered the information Mrs X provided and the reasons she gave for choosing Y’s school.
8. The panel decided it could not uphold the appeal. When applying for a school place for Y, Mrs X did not apply for the nearest school or their catchment school. The Council’s website and policy makes it clear that transport will not be offered if parents do not apply for the nearest or catchment school during the school admissions process.
9. We will not investigate this complaint as there is insufficient evidence of fault. The Council conducted the appeals process in line with statutory guidelines, considered the relevant information, and its decision appears in line with its policy. The Ombudsman cannot question or criticise the outcome of a council’s decision provided the council has acted without fault in making this decision. Although I accept Mrs X disagrees with the decision, there is insufficient evidence of fault in how it was reached. An investigation into this matter would therefore be unlikely to result in finding fault on the Council’s part.

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Final decision

We will not investigate Mrs X’s complaint because there is insufficient evidence of

fault by the Council to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman