Essex County Council (25 022 718)
Category : Education > School transport
Decision : Closed after initial enquiries
Decision date : 05 Jul 2026
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about home to school transport, and any related matters, because the complainant has applied for judicial review.
The complaint
- Miss X complains the Council have unfairly changed her child Y’s pick-up and drop-off times for home to school transport. Miss X says distressed her and Y, and wants the Council to pay back costs she then incurred from privately funding home to school transport.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
- The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916).
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Between June 2024 and June 2025, the Council provided Y with home to school transport. As Y was the only pupil using the transport, the provider informally agreed to adjust Y’s pick up and drop off times to suit her needs. Miss X says this led to an improvement in Y’s school experience and performance.
- In August 2025, the Council assigned another pupil use the transport, which meant the informal arrangement had to end. Miss X appealed the decision, but the Council upheld it.
- Miss X has since applied for judicial review challenging the Council’s decision. So the restrictions in paragraphs three and four apply, and we cannot investigate this complaint.
Final decision
- We will not investigate Miss X’s complaint because she has already started court action.
Investigator's decision on behalf of the Ombudsman