Summary: We will not investigate this complaint about the Council’s decision not to provide Ms X’s child with free transport to school. This is because there is not enough evidence of fault by the Council.

The complaint

1. The complainant, whom I shall refer to as Ms X, complained the Council has refused to provide her child (Y) with free transport to school.

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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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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What I found

School transport

5. The Department for Education has produced statutory guidance for Councils to help understand their duties regarding school transport. The Guidance states councils have a duty to provide free transport to eligible children who attend their nearest suitable school and:
• live more than the statutory walking distance from that school, or
• who live within statutory walking distance of the school but who cannot reasonably be expected to walk to that school because of their special educational needs, disability, or mobility problem (even if accompanied by their parent), or
• who live within walking distance of the school but would not be able to walk to that school in reasonable safety, even if they were accompanied by their parent.
6. The Guidance states a child will not normally be eligible solely because their parent’s work commitment or caring responsibilities mean they are unable to accompany their child to school.
7. Councils should have an appeals process for parents to challenge decisions about home to school transport.

Background

8. Ms X asked the Council to provide Y with free transport to school. Y has Special Educational Needs (SEN) and an Education, Health and Care Plan (EHC Plan). The Council refused Ms X’s application. The Council said the distance from her home to Y’s school was within the statutory walking distance and there were no other reasons to provide transport.
9. Ms X appealed the Council’s decision. She explained there were other children in the family she needed to take to school. Ms X said her husband works nights and there were no other family members who could help with school transport. Ms X explained how Y’s SEN affected a possible walk to school. Ms X sent information in support of her appeal.
10. An independent panel considered Ms X’s appeal at the final stage of the Council’s appeals process. The panel considered the information from Ms X and the Council – including Y’s EHC Plan. The panel decided there was not enough evidence Y could not walk to school when supported by an adult or parent. It said a child would not normally be eligible for transport because of their parent’s work commitments or caring responsibilities. The panel refused Ms X’s appeal.

Assessment

11. We will not start an investigation into Ms X’s complaint.
12. 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 a complainant disagrees with the decision the organisation made.
13. In this case, the Council has followed the proper process to consider Ms X’s application and appeals. Ms X had a chance to take part in the appeals process and the stage 2 panel considered all the information presented. The panel wrote to Ms X and explained its decision. While I understand Ms X is disappointed with the panel’s decision there is not enough evidence of fault in how it was reached for us to become involved.

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Final decision

14. We will not investigate Ms X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman