Summary: We will not investigate this complaint about the Council’s decision not to provide free school transport to Ms X’s child. This is because there is not enough evidence of fault to warrant an investigation.

The complaint

1. Ms X complains the Council has not agreed to provide free school transport for her child to attend secondary school education.
2. Ms X says the Council’s decision has caused significant worry for her and her child. She is seeking changes in the way the Council makes its decisions and a free bus pass for her child.

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The Ombudsman’s role and powers

3. 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

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

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My assessment

6. Ms X applied for a free bus pass for her child to use when they begin secondary education in September.
7. The Council declined the request on the basis the parents have chosen a secondary school which is not the nearest suitable school.
8. Ms X appealed the decision as she disagrees the school they have chosen is not the nearest suitable school and because there are health issues affecting her child and the rest of the family which impact the child accessing school.
9. The Council considered the information provided but decided Ms X’s child does not qualify for free transport to school and explained its reasons.
10. The law says councils must make travel arrangements, free of charge, to facilitate school attendance of eligible children who live in its area. The law defines an eligible child as a child of compulsory school age who attends their nearest suitable school.
11. The nearest suitable school does not have to be the most suitable school within this definition.
12. The Council has explained that as Ms X did not apply for a secondary school place for her child at the nearest suitable school, they are not an eligible child. As the school has been chosen based on parental preference, the Council does not have a duty to provide free transport.

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Final decision

13. 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