Summary: We will not investigate this complaint about the Council’s Post 16 transport policy and its decision not to provide transport for Mr X’s daughter, Y.

The complaint

1. Mr X complained that the Council’s Post 16 transport policy does not meet statutory Department for Education requirements. He wants the Council to update its policy and review its decision for his daughter, Y’s, Post 16 transport.

Back to top

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))
3. 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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X asked the Council to provide his daughter (Y) with post-16 transport to college. The Council refused Mr X’s application.
7. The Council policy says Post 16 travel is provided to those with Special Educational Needs and Disabilities (SEND) without an Educational Health Care Plan to the nearest school sixth form or Post 16 centre.
8. The Council’s policy says applications from students with SEND will be considered where learning is to be taken at a specialist provider or where the Council accepts that transport is necessary to enable the learner to access the education.
9. Y has chosen a sixth form to study A levels that is not the nearest to her home address. There is a sixth form nearer that offers the same subjects. The Council applied their policy and refused assistance with transport to Y’s chosen sixth form.
10. Councils must apply their transport policy when deciding entitlement to transport assistance. But they also have the discretion to consider exceptional circumstances. They must have a review or appeal process by which to do so.
11. Mr X appealed the Council’s decision. Mr X sent information in support of his appeal explaining why he wanted the Council to provide transport.
12. The Council considered Mr X’s appeals in line with its published process. An officer refused his appeal at the first stage. The Council’s Education Transport Appeal Panel (the panel) considered Mr X’s appeal at the final stage of the process. The panel considered information from Mr X. It decided the original application had been properly dealt with. The panel considered the information they were presented with. The panel decided it was not necessary for the Council to provide transport. The panel decided not to provide Y with transport. The panel’s letter to Mr X explained the decision.
13. We are not a right of further appeal and cannot question decisions which have been properly taken. I understand Mr X is disappointed with the Council’s decision. But it has applied its published policy, considered his appeals, and reached a decision it is entitled to take. The Council has explained its decision.

Back to top

Final decision

14. We will not investigate Mr X’s complaint because it is unlikely we would find fault.

Back to top

Investigator's decision on behalf of the Ombudsman