Summary: We will not investigate Ms X’s complaint the Council asked her to repay a personal travel budget for her son’s home to school transport once she left the area because there is not enough evidence of fault to justify an investigation.

The complaint

1. Ms X complains the Council has asked her to repay approximately £2,000 from a personal travel budget provided by the Council for her son’s home to school transport.

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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 we 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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council provided a personal travel budget for home to school transport for Ms X’s son. The Council paid the budget half-termly in advance.
6. Ms X’s son had an education, health and care (EHC) plan maintained by the Council.
7. At the end of 2024, Ms X moved out of the Council’s area. He continued to attend the same school.
8. Ms X told the Council Tax department she was moving in December 2024. She told the school transport team in January 2025.
9. Ms X contacted the special educational needs team in February 2025 to arrange the transfer of her son’s EHC plan.
10. The Council asked her to repay the personal travel budget it had provided for her son’s transport from 15 January 2025 when she notified the transport team she had left the area.
11. Ms X does not think she should have to repay the money. She says she spent it on school transport as intended.
12. The law says the Council for the area where a pupil lives is responsible for school transport. As Ms X was no longer living in the area, the Council was entitled to ask for the money back.
13. There is not enough evidence of fault to justify an investigation by us.

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Final decision

14. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman