Summary: We will not investigate Ms X complaint about post 16 home to school transport. We are unlikely to significantly add to the Council’s offer.

The complaint

1. Ms X complains the Council refused to provide free home to school transport for her post 16 young person, D.

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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 no worthwhile outcome achievable by our investigation (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 and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. D received free home to school transport during their compulsory school age. Post 16 the Council assessed Ms X’s application and refused to continue with that transport. Ms X appealed through the Council’s two stage internal appeals process. The Council offered an annual Enhanced Personal Travel Budget (EPTB). Ms X complained to us because she says she could not afford the difference in costs between the EPTB and the actual cost, and her work meant she could not logistically do it.
6. Following further representations to the Council, it reviewed Ms X’s case again. It decided to overturn its previous decision. It offered the transport with a parental contribution towards the costs, which Ms X has agreed to do.

Analysis

7. The Council does not have to provide free home to school transport post 16. Instead, it has to have a policy which:
• sets out the transport arrangements the Council considers necessary to make to facilitate attendance at education or training and the financial help available for:
1. learners of sixth form age (aged 16-19 if they started the course before their 19th birthday); and
2. learners with EHC Plans up to the age of 25 who started their programme of learning before their 19th birthday. (Education Act 1996 section 509AA).
8. The Council has to take into account the personal circumstances of each case including affordability. It is lawful to seek a parental contribution towards the cost.
9. Here the Council has demonstrated it has considered Ms X’s personal circumstances. It is unlikely our investigation would add to the Council’s current offer.

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Final decision

10. We will not investigate Ms X’s complaint because there is no worthwhile outcome obtainable.

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Investigator's decision on behalf of the Ombudsman