Summary: We will not investigate this complaint about the Council’s decision not to award free school transport to the complainant’s daughter. There is insufficient evidence of fault in the Council’s actions.

The complaint

1. Mrs X complains the Council failed to provide full advice when she applied for a school place for her daughter. She says her daughter is now at a school which is too far from home and the Council refuses to provide free school transport. Mrs X also says she feels the Council has discriminated against them.

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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.

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My assessment

5. Mrs X applied for a school place for her daughter at secondary school. This was outside the usual transfer to secondary school process.
6. The Council advised her that there were no available places in the school year required and suggested Mrs X apply for a place for her daughter to start in September 2024.
7. The Council told Mrs X there were places available at School A. Mrs X says she asked if there was any closer school. She says she was told to apply for school transport.
8. Mrs X applied for school transport as School A is six miles from her home.
9. The Council refused the application as there were places available at a closer school, School B, although this is in a different borough.
10. Mrs X appealed against the Council’s decision to refuse transport for her daughter.
11. The Council heard Mrs X’s appeal. The appeal panel considered Mrs X’s statements as well as whether it was appropriate to exercise discretion. The panel maintained the decision not to award her daughter a place on the scheme because she was not attending the nearest suitable school.
12. The clerk’s notes from the appeal hearing shows the panel noted that information about travel assistance and applying for schools’ mid-year is available on its website. Parents are advised to read the information provided online before making a school place application. This guidance clearly explains that parents/carers may want to consider schools in neighbouring boroughs as they may be closer to their home. The guide states:

“In some parts of the Borough, it may be a school in another educational authority, outside of Wokingham, such as Reading Borough Council or Bracknell Council for example. Please check if schools in neighbouring local authorities are closer to your home address if transport is important to you.”

13. The notes also show Mrs X only applied to two schools, neither of which are the closest school which is School B. It also understood Mrs X believes the Council should have advised her to apply to School B.
14. The panel sympathised with Mrs X but considered all relevant information about school admissions and the implications on school transport is available online and in Mrs X’s language on request. Also, Council staff cannot advise parents on which schools to apply for. The panel decided that it is the parent’s responsibility to undertake relevant research before applying for schools. It also noted Mrs X’s daughter would qualify for transport if she moves to School B.
15. The Council refused Mrs X’s appeal.
16. The Ombudsman cannot question the merits of a decision the Council has made, provided the Council has made the decision in line with the correct process. The evidence shows the Council has considered Mrs X’s supporting statements in line with its policy and has decided it is not appropriate to exercise discretion and award school transport as her daughter is not attending the nearest qualifying school. The Council is entitled to make this decision. We have seen no evidence of discrimination in the Council’s decision-making process. An investigation would therefore be unlikely to find fault with the Council’s actions.

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Final decision

17. We will not investigate Mrs X’s complaint because we would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman