Summary: Mrs X complained the Council ignored professional and school evidence when deciding her appeal about school transport arrangements for her son. We found the Council followed its transport appeals process and allowed Mrs X to present her concerns to the appeal panel. The evidence shows the panel considered the representations made before reaching its decision. We have therefore found no evidence of fault in the way the Council considered the appeal.

The complaint

1. Mrs X complains the Council failed to properly consider professional evidence when deciding her appeal about the school transport arrangements for her son. She says the shared taxi arrangements cause him distress and mean he does not arrive at school ready to learn. Mrs X says the Council ignored evidence from professionals and the school about the impact the transport arrangements were having on him. Mrs X says this situation has caused distress for both her and her son. She would like the Council to properly consider the evidence she has provided.

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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))
3. 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)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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How I considered this complaint

5. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
6. Mrs X and the Council were offered an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Home to school transport

7. Local authorities must make suitable home to school travel arrangements as they consider necessary for ‘eligible children’ of compulsory school age to attend their ‘qualifying school’. The travel arrangements must be made and provided free of charge. The relevant qualifying school is the nearest school with places available that provides education appropriate to the age, ability and aptitude of the child, and any special educational needs the child may have.
8. ‘Eligible children’ include:
• children living outside ‘statutory walking distance’ from the school (two miles for children under eight, three miles for children aged eight and above);
• children living within walking distance of the school but who cannot reasonably be expected to walk to school because of their special educational needs (SEN), disability or mobility problem;
• children living within walking distance of the school but who cannot walk to school because the route is unsafe; and
• children entitled on low-income grounds. (Education Act 1996, 508B(1) and Schedule 35B)
9. A child will not normally be eligible for free travel to school on the grounds of their special educational needs (SEN), disability or mobility problem, or on the grounds that the route is unsafe, if they would be able to walk to school if they were accompanied.
10. If a Council decides a pupil is ‘eligible’ under s.508B it has discretion as to the type of support, but Statutory Guidance says it must ensure that the travel arrangements take account of the needs of the child concerned. “For example, it would not be appropriate to provide a pass for free travel on a service bus to a child whose special educational needs meant they would be unable to travel on a service bus. The arrangements should enable the child to travel in reasonable safety and comfort, and without undue stress, strain or difficulty, so that wherever possible they arrive at school ready to learn”.
11. It is for councils to decide what is reasonably practicable in each case. A council may wish to undertake an individual risk assessment or seek advice about a child’s SEN or medical needs.
12. As a general guide, the maximum journey time should be 75 minutes each way for a child of secondary school age, including any time taken to walk to a pick-up point.
13. Councils should have an appeals process in place for parents who wish to appeal about the eligibility of their child for travel support or the type of transport offered. (Home to School transport guidance 2023) The Guidance recommends councils adopt a two-stage appeal process.

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What happened

14. Mrs X’s son, Y, attends School A. The Council provides home to school transport for him.
15. In December 2024 Mrs X submitted a Stage 1 appeal against changes the Council had made to Y’s transport arrangements. Mrs X said Y previously travelled in a taxi with one other pupil but was now travelling with up to four other pupils. She said Y has autism and ADHD and struggles in larger groups. She said the new arrangements caused him distress and meant he was not arriving at school ready to learn.
16. The Council considered the appeal and issued its Stage 1 decision in February 2025. It decided not to uphold the appeal. The Council said travel assistance must be provided using the most cost-effective suitable method. It acknowledged a letter of support from an occupational therapist at the school which outlined concerns about the impact of the transport arrangements on Y. However, the Council said there had been occasions when Y had travelled successfully and it hoped the situation would improve with support.
17. Mrs X then submitted a Stage 2 appeal. In her appeal form she said the current arrangements meant Y travelled with several other pupils which she said he found overwhelming due to his sensory needs. She said he was becoming distressed and dysregulated when travelling to school and sometimes refused to get into the taxi. She said professional evidence had been provided to explain why Y required a taxi with only one other pupil.
18. In February 2025 the Council’s appeals committee considered the Stage 2 appeal and decided to defer it. The committee noted Mrs X had requested an Education, Health and Care Plan review and said it wished to wait for the outcome of that review before making a final decision.
19. The Stage 2 appeal was later heard by the appeals committee in October 2025. Mrs X attended the hearing and explained her concerns about the number of pupils travelling in the taxi and the impact this was having on Y. She said the school had written a letter of support and that Y was arriving at school dysregulated and not ready to learn. A representative from the Council’s transport service also attended the hearing and explained the current transport arrangements. The committee asked questions of both the Council officer and Mrs X about the transport arrangements and Y’s needs.
20. After considering the evidence presented, the committee decided to refuse the appeal. The Council wrote to Mrs X in early October 2025 confirming its decision. The Council said it was satisfied the transport arrangements were suitable and that its Home to School Travel Assistance Policy had been correctly applied.
21. Mrs X remained unhappy with the Council’s decision. She said the Council had ignored evidence from occupational therapists and the school which explained Y was becoming distressed by the transport arrangements and was not arriving at school ready to learn. She also said Y’s anxiety meant he became distressed and violent in the mornings before travelling, which had a wider impact on the family. Mrs X complained to the Ombudsman because she wanted the Council to properly take the evidence she had provided into account.

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Analysis

22. Mrs X says the Council ignored professional evidence showing the transport arrangements were unsuitable for her son and meant he was not arriving at school ready to learn.
23. The Ombudsman does not act as a further right of appeal. We cannot decide whether the Council’s decision was the right one. Our role is to consider whether the Council followed a proper process when reaching its decision. This includes whether it considered relevant information and allowed Mrs X a fair opportunity to present her case.
24. The Council first considered Mrs X’s concerns through its Stage 1 appeal process. In its decision, the Council acknowledged a letter of support from an occupational therapist which outlined concerns about the impact of the transport arrangements on Y. This shows the Council was aware of and considered professional evidence about Y’s needs during the appeal process.
25. Mrs X then exercised her right to a Stage 2 appeal. She attended the appeal hearing and presented her concerns directly to the panel. The notes of the hearing show she explained that the number of pupils travelling in the taxi caused Y distress and meant he was not arriving at school ready to learn. She also referred to support from the school. Panel members asked questions about Y’s needs and the transport arrangements before making their decision.
26. After hearing from both the Council officer and Mrs X, the panel deliberated and reached its decision. The record states the panel considered the evidence of both the transport team and the parent before concluding the travel arrangements were suitable and refusing the appeal. On balance, the evidence indicates the panel considered the concerns and information presented by Mrs X before reaching its decision.
27. Mrs X strongly disagrees with the panel’s conclusion and considers the professional evidence she provided should have led to a different outcome. However, the Ombudsman cannot question the merits of a decision simply because a complainant disagrees with it. The appeal panel was entitled to reach its own judgement about whether the transport arrangements were suitable. Without evidence the Council failed to consider relevant information or follow a proper process, it is not for the Ombudsman to substitute our view for that of the Council.
28. For these reasons, I have not seen evidence the Council ignored the information Mrs X provided or failed to follow its appeal process. I have therefore not found fault in the way the Council considered her appeal.

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Decision

29. We found the Council followed its transport appeals process and allowed Mrs X to present her concerns to the appeal panel. The evidence shows the panel considered the representations made before reaching its decision. We have therefore found no evidence of fault in the way the Council considered the appeal.

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Investigator's decision on behalf of the Ombudsman