Summary: We will not investigate Ms M’s complaint about school transport because there is insufficient evidence of fault to justify an investigation, and further investigation would not lead to a different outcome.

The complaint

1. Ms M complains the Council no longer provides a free bus pass for home to school transport for her son, B. Ms M must either pay for a bus pass herself or accompany B to school on foot. She says the loss of the bus pass has implications for B’s routines, stability and independence.

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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, or
• further investigation would not lead to a different outcome.

(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 Ms M.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms M’s son, B, is a secondary school pupil. B has an education, health and care (EHC) plan maintained by the Council. Ms M says B has significant sensory sensitivities and emotional regulation difficulties which make unsupervised walking unsafe. He is able to travel independently by bus.
6. The Council provided a free bus pass for him for the 2023/2024 and 2024/2025 school years. The Council refused Ms M’s application for a bus pass for the 2025/2026 school year because the family live within walking distance of the school and the Council is satisfied B can walk to school safely if accompanied by Ms M.
7. Ms M appealed the Council’s decision. Her appeal was unsuccessful. Unhappy with the outcome, Ms M complained to us.
8. We do not decide whether the Council should provide free home to school transport for Ms M's son. This is the Council’s job. We are not another appeal. Our role is to check the Council made its decision properly. This means we check the Council followed relevant legislation, guidance and policies, and took account of all relevant information. We cannot question Council decisions taken without fault, no matter how strongly Ms M disagrees.
9. I have carefully considered all the evidence Ms M provided, including the papers from her appeal.
10. Ms M lives less than two miles from the school. B is physically capable of walking to school, and can do so safely if accompanied.
11. The appeal decision shows the Council took account of all the points Ms M raised.
12. The Council followed the relevant legislation and guidance. There is not enough evidence of fault to justify an investigation by us.
13. Ms M was unhappy the Council will no longer give B a bus pass when nothing had changed in his personal circumstances. The Government published new guidance in January 2024. The new guidance is the reason the Council used to provide a free bus pass for B but now expects Ms M to accompany him on the walk to school if necessary.

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Final decision

14. We will not investigate Ms M’s complaint because there is insufficient evidence of fault to justify an investigation, and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman