Summary: We will not investigate Ms X’s complaint about the Council’s decision to refuse her ward school travel assistance. This is because there is not enough evidence of fault by the Council.

The complaint

1. Ms X complains about the Council’s decision to refuse her ward school travel assistance. She says the Council failed to consider her ward’s medical vulnerabilities, walking limitations or household circumstances in its decision.

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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 us investigating. (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 X.
4. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. Councils must provide free school travel assistance for children who meet the eligibility criteria under the Home to School Travel Statutory Guidance (the Statutory Guidance). One of those criteria is that the child attends their nearest suitable school.
6. For school travel purposes, the nearest suitable school is one that is appropriate for the child's age, aptitude and any special educational needs. It does not mean the school that is most suitable or preferred. The nearest school to the child’s home will generally always be the nearest suitable school.
7. Ms X's ward does not attend her nearest suitable school and therefore she is not eligible for school travel assistance. Ms X says the walking route to the nearer schools is unsuitable and that the chosen school is a feeder school. However, these are not factors the Council must consider when deciding whether a school is the child's nearest suitable school for the purposes of travel assistance.
8. Councils also have a discretionary power to provide school travel assistance for children who are not eligible. It is for each council to decide whether and how to exercise their discretionary power.
9. The evidence I have seen shows the Council considered Ms X’s circumstances, including her ward’s medical vulnerabilities. After considering the evidence, it decided that Ms X’s ward was still not eligible for school travel assistance. It did however advise Ms X to reapply for school travel assistance in the future if her ward’s health deteriorated.
10. There is not enough evidence of fault to justify us investigating. The Council considered relevant evidence against the Statutory Guidance, turned its mind to its discretionary powers, and made a decision it was entitled to. Where there is not enough evidence of fault in how the Council made a decision, we cannot question the outcome.

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Final decision

11. We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman