Summary: Mr X complained about how the Council handled his education transport request for his daughter, Y. Mr X said this meant he arranged and funded transport. The Council was not at fault.

The complaint

1. Mr X complained about how the Council handled his education transport request for his daughter, Y. Mr X said this meant he arranged and funded transport.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
3. If we are satisfied with a Council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I read Mr X’s complaint and spoke to him about it on the phone.
5. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Background information

Statutory guidance: Post-16 transport and travel support to education and training (January 2019)

7. Statutory responsibility for transport for 16-19 year old rests with local authorities. They have a duty to prepare and publish an annual transport policy statement setting out the arrangements for the provision of transport, or otherwise that the authority considers necessary, to make to facilitate the attendance of applicant persons of sixth form age receiving education or training.
8. The intention of the sixth form age transport duty is to ensure learners are able to access the education and training of their choice and, if support for access is requested, this will be assessed and provided where necessary.
9. The authority must have regard to:

• The needs of those for whom it would not be reasonably practicable to access education or training provision if no arrangements were made;
• The distance from the learner’s home to establishments of education and training;
• The cost of transport to the establishment in question: it is expected to target support to those who need it most, particularly those with a low income; and
• Alternative means of facilitating attendance.

10. Complaints and appeals must first be taken up with the authority and then on to the Ombudsman or to the Secretary of State for Education.

What happened

11. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
12. The Ombudsman completed an investigation into Mr X’s concerns and issued the final decision in June 2025. The decision found fault with the Council’s consideration of Mr X’s appeals. Following the previous decision, the Council agreed to:
• “Arrange a fresh appeal hearing for Mr X. This will consist of three officers, two of which will not have had any previous involvement with the decision making or appeals process”.
13. The Council held the appeal hearing in July 2025. The Council did not agree to arrange and fund the transport. The Council wrote to Mr X to explain its decision and respond to the points he raised in the appeal.
14. Mr X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Mr X would like the Council to award transport and reimburse him for arranging and funding transport over one year.

My findings

15. Following the previous Ombudsman investigation, the Council agreed to complete a fresh appeal. The Council held the appeal, with different officers, in July 2025. The Council did not agree to fund or arrange transport for Y.
16. Mr X raised several concerns with the Council’s decision. The points raised included not considering working arrangements, Mr X arranging transport for two years and lack of a financial remedy. The Council considered the family’s working arrangements and decided the family should make arrangements to transport Y to education. The Council made the decision in line with its policy, statutory guidance and the previous Ombudsman decision. Therefore, I cannot question the merits of this decision. The Council was not at fault.
17. The previous Ombudsman investigation considered matters about Mr X arranging transport for one year and financial remedy. This investigation is only considering if the Council completed the agreed actions from the previous Ombudsman decision. This investigation cannot consider matters before June 2025.
18. The Council held the appeal in July 2025, considering all the points Mr X raised. The Council completed the appeal in line with its policy, statutory guidance and the Ombudsman’s previous decision. The Council was not at fault.

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Decision

19. I have completed my investigation. The Council was not at fault.

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Investigator's decision on behalf of the Ombudsman