Summary: We will not investigate Miss X’s complaint about the Council’s refusal to provide home to school transport. It is unlikely we would find fault.

The complaint

1. Miss X says the Council should provide home to school transport for her child D.

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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 Miss X which included the Council’s appeals decision letter.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

Background events

5. Miss X’s child, D, received free home to school transport from September 2021 when D started senior school Y. School Y is 1.2 miles from their home. D has an Education Health and Care Plan which names School Y. It does not say the Council has to provide transport. Miss X applied for transport in 2021. The Council refused her application but granted it for one year on appeal. The Council says it then mistakenly allowed the transport to continue for the next two years without Miss X having to apply.
6. In July 2024, the Council told Miss X it would not provide transport from September 2024. The Council refused Miss X’s subsequent application and on review. The Council’s transport appeals panel heard her appeal in early October. It refused her application. Miss X says D cannot attend school without home to school transport. She has concerns for D’s safety if they were to walk alone to school. The Council say it referred Miss X’s case to the transport support team but she refused to engaged with them.

Background law and guidance

7. Local authorities must make suitable home to school travel arrangements as they consider necessary for ‘eligible children’ of compulsory school age to attend their ‘qualifying school’. The travel arrangements must be made and provided free. The relevant qualifying school is the nearest school with places available that provides education appropriate to the age, ability and aptitude of the child, and any special educational needs the child may have. ‘Eligible children’ include:

• children living outside ‘statutory walking distance’ from the school (two miles for children under eight, three miles for children aged eight and above);
• children living within walking distance of the school but who cannot reasonably be expected to walk to school because of their special educational needs, disability or mobility problem;
• children living within walking distance of the school but who cannot walk to school because the route is unsafe; and
• children entitled on low-income grounds. (Education Act 1996, 508B(1) and Schedule 35B)

8. A child will not normally be eligible for free travel to school on the grounds of their special educational needs, disability, or mobility problem, or on the grounds that the route is unsafe, if they would be able to walk to school if they were accompanied.
9. A child will not normally be eligible solely because their parent’s work commitments or caring responsibilities mean they are unable to accompany their child themselves. Councils must consider cases where the parent says there are good reasons why they are unable to accompany their child, or make other suitable arrangements for their journey, and make a decision on the basis of the circumstances of each case.

Analysis

10. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at the processes an organisation followed to make its decision. If we consider it followed those processes correctly, we cannot question whether the decision was right or wrong, regardless of whether Miss X’s disagrees with the organisation’s decision.
11. In making its decision, the organisation took account of the relevant guidance, information from Miss X and the Council, and its own policies. The organisation followed the proper procedures when making this decision and it is unlikely our investigation would therefore criticise it.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman