Summary: We have upheld this complaint because the Council agreed to offer Ms M a fresh appeal against its decision not to provide home to school transport for her son, B.

The complaint

1. Ms M complains the Council refused her application and subsequent appeal for home to school transport for her son, B.

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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:

• we cannot achieve the outcome someone wants,
• it would be reasonable for the person to accept a council review or appeal; and
• there is no worthwhile outcome achievable by further investigation.

(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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms M applied for school transport for her son, B. B attends a local primary school. The Council refused Ms M’s application because the school is less than two miles from Ms M’s home, and Ms M is available to accompany B on the walk to school.
6. Ms M objected to the Council’s decision. She said she was looking for work and considered it unreasonable to expect her to accompany B. She said B could not travel on public transport, and the walk could take a long time because of B’s special educational needs.
7. We do not decide whether the Council should provide transport for B. This is the Council’s job. Our role is to check the Council followed relevant legislation, Government guidance and Council policies, and took account of all relevant information. We cannot question Council decisions taken without fault, no matter how strongly Ms M disagrees.
8. The Council sent me the papers from Ms M’s application and appeal.
9. There is not enough evidence of fault in the Council’s decision Ms M is available to accompany B if necessary for us to investigate this point further.
10. However, I cannot see from the papers how the Council considered whether B is able to walk to school because of his special educational needs.
11. If we investigated the complaint, it is likely we would find fault because this is a key consideration. But we cannot say whether the Council should provide transport. This is a decision only the Council can make. We therefore asked the Council to consider offering Ms M a fresh appeal. To its credit, the Council agreed. The Council has already contacted Ms M to offer her a fresh appeal.
12. At the appeal, the Council should decide whether B is able to walk to school because of his special educational needs and record how it makes its decision. The Council should take account of all evidence, including evidence from Ms M.

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Final decision

13. We have upheld this complaint because the Council agreed to offer Ms M a fresh appeal. This is a satisfactory outcome.

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Investigator's decision on behalf of the Ombudsman