Summary: We will not investigate this complaint about the Council’s decision to refuse Mrs X’s application for free home-to-school transport for her child. This is because Mrs X has the right to appeal to the First-tier Tribunal (Special Educational Needs and Disability) and it would be reasonable for her to do so.

The complaint

1. Mrs X complains about the Council’s decision to refuse her application for free home-to-school transport for her child. She says this has caused her stress and frustration.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. The First-tier Tribunal (Special Educational Needs and Disability) considers appeals against council decisions regarding special educational needs. We refer to it as the SEND Tribunal in this decision statement.

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How I considered this complaint

5. I considered information provided by Mrs X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X applied for free home-to-school transport for her child, Y. Y attends the school named in their Education, Health and Care Plan (EHC Plan). Mrs X says the Council refused transport and told her there is a closer school that could meet Y’s needs.
8. Councils have a duty to provide free home-to-school transport for legally eligible children. The Council decided Y did not meet the criteria for free home-to-school transport.
9. The Council named Mrs X’s preferred school in Section I of Y’s EHC plan on the condition of Mrs X paying the transport costs as it was not the nearest suitable school. If Mrs X was unable to arrange or fund home-to-school transport than Y would be expected to transfer to the nearest local school.
10. The condition that Mrs X pays the transport costs forms part of the EHC plan decision. Mrs X had a right of appeal to the SEND Tribunal about the content of the EHC plan, including the transport condition attached to the named school.
11. The Tribunal could consider whether it was appropriate for the Council to require Mrs X to pay the transport and could amend the plan if it disagreed. I have seen no evidence to show it would be unreasonable to expect Mrs X to appeal.

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Final decision

12. We will not investigate this complaint because Mrs X has the right to appeal to the Tribunal and it would be reasonable for her to do so.

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Investigator's decision on behalf of the Ombudsman