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

The complaint

1. The complainant, whom I shall refer to as Mrs X, complained the Council has refused to provide her child (Child C) with transport to school. Mr Y complained to the Ombudsman on behalf of Mrs X.

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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. Extra help is also available to children considered to be from a low-income family.
7. 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.
8. Councils also have powers to provide discretionary transport to children who are not eligible children.
9. Councils should have an appeals process for parents to challenge decisions about home to school transport.

Background

10. Mrs X and her family moved into the Council’s area from overseas. Mrs X applied for two of her children to attend the closest school to home (School K). Because School K was full, the Council offered her children places at the closest alternative schools with spaces. If offered her youngest child (Child B) a year 2 place at School M. The Council offered her eldest child (Child C) a year 4 place at School L. Both children would qualify for free transport as they would be attending the nearest available school to home and would meet one of the eligibility criteria set out above.
11. Because Mrs X wanted her children to attend the same school, she decided to send Child C to year 4 at School M. Because this school is further away than School L, where the Council had offered a place, the Council said they would not be eligible for free transport. Child C would not be attending the nearest suitable school to home. There was an option for Mrs X to pay for Child C to travel with Child B to School M.
12. Mrs X, with the support of Mr Y, appealed the Council’s decision. She explained there would be no cost to add Child C to Child B’s transport. Mrs X wanted her children to attend the same school. She set out the family’s circumstances and what had brought them into the Council’s area.
13. An independent panel considered Mrs X’s appeal at the final stage of the Council’s appeals process. Mrs X did not attend and so it was heard in absence. The Council explained the circumstances of the case. The Council also explained that due to children leaving at the end of the year, there would be places available for both children at School K. The panel considered the information from Mrs X and the Council. The panel decided the Council had properly considered the original application and there were no grounds to make an exception to the Council’s policy.

Assessment

14. We will not start an investigation into Mrs X’s complaint.
15. 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.
16. In this case, the Council has followed the proper process to consider Mrs X’s application and appeals. Mrs 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 Mrs X and explained its decision. While I understand Mrs X and Mr Y are 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

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

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman