Summary: We will not investigate Mrs X’s complaint about school transport because there is not enough evidence of fault, and we cannot achieve the outcome Mrs X wants.

The complaint

1. Mrs X complains the Council refused her application for home to school transport for her son, B. The Council refused Mrs X’s application because the school is more than six miles from Mrs M’s home. Mrs X questioned the accuracy of the Council’s measurements.

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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
• we cannot achieve the outcome someone wants.

(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 the complainant, the Council, and the Council’s education travel policy and guidance.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We do not decide whether Mrs X’s son is entitled to free home to school transport. This is the Council’s job. Our role is to check the Council followed relevant legislation, Government guidance and Council policies. We cannot question Council decisions taken without fault, no matter how much Mrs X disagrees. We are not another appeal.
6. B is entitled to free school meals. Children who are entitled to free school meals may be eligible for school transport if they attend a school between two and six miles from home.
7. The Council refused Mrs X’s application because the school she has chosen for B is more than six miles from her home and there are two nearer suitable schools he could attend.
8. Mrs X appealed the Council decision. She questioned the accuracy of the Council’s measurements. She believes the school is less than six miles from her home.
9. Mrs X’s appeal was unsuccessful. The Council acknowledged Mrs X had measured a walking distance of less than six miles to the school. However, Government guidance says the Council should measure road routes. The Council explained the road route was more than six miles. The Council uses software to measure the distance, and uses the same software for all applicants to ensure fairness.
10. As there was no evidence the school Mrs X had chosen was the only suitable school for B, the Council refused her request for transport.
11. There is not enough evidence of fault to justify an investigation.

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Final decision

12. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify an investigation, and we cannot achieve the outcome she wants.

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Investigator's decision on behalf of the Ombudsman