Summary: We will not investigate Ms X’s complaint about the Council’s school transport policy or its decision to change her child’s transport arrangements. This is because it would be reasonable for Ms X to challenge the decision using the Council’s appeals procedure. There is not enough evidence of fault in the transport policy itself to investigate that as a standalone issue.

The complaint

1. Ms X complains about the Council’s school transport policy and its decision to change her child’s school transport arrangements. She says the policy is too rigid and prevents the Council from providing transport that meets her child’s needs. She says this in turn prevents her child from accessing special educational needs provision set out in her Education, Health and Care Plan.
2. Ms X says the matter has caused her distress and affected her child’s access to school. She wants the Council to amend its policy and provide transport for her child that meets her needs.

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The Ombudsman’s role and powers

3. 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, or
• it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code, the Council’s school transport policy and the Government Guidance on School Transport.

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My assessment

6. The Council has a two-stage appeals procedure for parents who wish to challenge a decision about the suitability of transport arrangements. The evidence I have seen shows that Ms X has not yet completed this appeals procedure.
7. While we have discretion to investigate Ms X’s complaint in these circumstances I can see no good reason to do so. We are not an appeal body and we have no direct power to overturn the Council’s decision to change the travel arrangements, even if we find fault; the most we could achieve is to ask the Council to look at the decision again and Ms X can achieve the same outcome through the appeals procedure. As part of an appeal the Council will look at the decision, decide if it is correct, and take appropriate action if it is not.
8. As part of our enquiries, we asked the Council to contact Ms X directly to explain her appeal rights and consider any appeal she may wish to submit. The Council has agreed to do this and we consider it reasonable for Ms X to follow the appeals process if she wishes to challenge the Council’s decision. If Ms X is not happy with the handling of her appeal then she may make a new complaint.

School transport policy

9. Ms X says her child needs transport arrangements which allow her to start school later due to her medical needs. She complains the Council’s transport policy is not flexible enough to meet her child’s needs.
10. The Government Guidance on School Transport says Councils must make arrangements to enable children to travel to and from school for the beginning and end of the school day. They do not need to make arrangements for children to travel between institutions during the school day. However, there may be circumstances in which Councils consider it appropriate to arrange transport at alternative times, for example if a child has a medical condition.
11. I am satisfied the Council’s school transport policy is consistent with the Government Guidance and allows the Council to consider alternative transport arrangements in exceptional circumstances.
12. The Council has considered Ms X’s circumstances and offered transport arrangements outside its general policy. Any disagreement with that decision is a matter for the Council’s appeal process, as explained above. Therefore, I am satisfied there is not enough evidence of fault in the Council’s school transport policy to warrant investigation.

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Final decision

13. We will not investigate Ms X’s complaint because it would be reasonable for her to use the Council’s appeals procedure. There is not enough evidence of fault in the Council’s school transport policy to investigate this separately.

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Investigator's decision on behalf of the Ombudsman