Summary: We will not investigate Mr X’s complaint about the Council refusing school travel assistance for his child. This is because there is not enough evidence of fault to justify us investigating.

The complaint

1. Mr X complains about the Council’s decision to refuse school travel assistance for his child. He says the decision fails to consider their child’s ability to walk to school safely.

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

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My assessment

5. The Home to School Travel Assistance Statutory Guidance (the Statutory Guidance) says that Councils must provide school travel assistance for eligible children resident in their area. A child will be eligible if they are of compulsory school age, attend their nearest suitable school and:

• live more than the statutory walking distance from that school; or
• could not reasonably be expected to walk to that school because of their special educational needs, disability (SEND) or mobility problem, even if they were accompanied by their parent; or
• could not reasonably be expected to walk to that school in reasonable safety, even if they were accompanied by their parent.

6. Mr X says his child should be entitled to school travel assistance because of her SEND diagnosis, irrespective of whether she is able to be accompanied to school. He says that having school travel assistance would make things easier for the family.
7. The statutory guidance says a child will not normally be eligible for school travel assistance on the grounds of their SEND if they would be able to walk to school if they were accompanied. Councils generally do not need to consider whether a parent would be able to accompany their child but they must consider cases where the parent has good reasons why they cannot accompany their child or make other suitable arrangements. Reasons such as the parent’s working pattern or other caring responsibilities will not normally be considered good reasons why a parent cannot accompany their child.
8. The evidence I have seen shows the Council considered the child’s SEND and whether Mr X could accompany his child to school. It also considered its discretionary powers to award school travel assistance in the circumstances. It determined that Mr X’s child could reasonably be expected to walk to school if accompanied, and noted that Mr X was currently providing this arrangement.
9. There is not enough evidence of fault by the Council to justify us investigating. The Council considered relevant evidence and the statutory eligibility criteria and made a decision it was entitled to. As there is not enough evidence of fault in how the Council made its decision, we cannot question the outcome.

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Final decision

10. We will not investigate Mr 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