Birmingham City Council (24 010 951)
Category : Education > School transport
Decision : Closed after initial enquiries
Decision date : 25 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about school transport provision. There is insufficient evidence of fault by the Council.
The complaint
- Ms X complains the Council refused her appeal for school transport for her child, whom I shall call Y.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by Ms X .
- I considered the Ombudsman’s Assessment Code.
My assessment
- Following the Ombudsman’s decision on a previous complaint the Council agreed to hear a new stage two appeal against the Council’s decision not to award free school transport for Y.
- The Council confirmed the panel members had not been involved in her original appeal.
- The Council’s decision letter to Ms X confirms she and her husband attended the appeal hearing and presented their views.
- It also confirms it considered the panel asked questions. They also considered the supporting information from:
- Y’s Education Health and Care Plan :
- letters from medical professionals; and
- a letter from the Occupational Therapist and a letter from a teaching assistant at Y’s previous school.
- The Council also confirm the panel considered:
- Y has a Blue Badge
- the parents will have difficulty taking Y to and from school with their working obligations
- the walking route; and
- and no medical evidence was provided to support the father’s medical issue.
- We are not an appeal body, and the decision to refuse school transport is not one we can question in the absence of fault in the decision-making process. The Council, and the panel on its behalf, followed the correct decision-making process and so we will not investigate this complaint.
Final decision
- We will not investigate Ms X’s complaint because while I understand Ms X disagrees with the decision, there is insufficient evidence of fault in the way the Council made the decision to refuse to provide school transport.
Investigator's decision on behalf of the Ombudsman