Essex County Council (26 013 339)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Miss X’s school transport application for her child. This is because we are satisfied the actions the Council proposes to take.
The complaint
- Miss X complains about the Council’s decision not to award home to school transport for her child, Child Y.
- Miss X says the decision has significantly impacted her child’s school attendance and caused anxiety for her and Child Y. Miss X wants the Council to reconsider its decision.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X made a school transport application for Child Y in May 2026. The Council rejected the application on the basis the school which Child Y attends is not their nearest suitable school.
- Miss X complained to us in August 2026. Miss X is living in temporary accommodation in the Council area, having become unintentionally homeless.
- The Council’s 2026/2027 Education Transport Policy explicitly states it will consider providing transport to a child’s current school whilst they are awaiting permanent housing, if the family have been made unintentionally homeless and are residing in temporary accommodation.
- I am not satisfied the Council gave due consideration to this part of its policy when considering Miss X’s application and resulting appeal. The Council’s decision and appeal consideration focused on Child Y’s current school not being the nearest suitable school. This is not the consideration that the Council’s policy requires it to take of Miss X’s application as a resident in temporary accommodation.
- We invited the Council to reconsider its decision. To its credit, it has agreed to do so.
Agreed action
- Within one month of this decision, the Council will:
- Prior to its reconsideration, contact Miss X to see if there is any further information she wishes to supply in support of her reheard appeal; and
- Reconsider Miss X’s application under stage two of its appeals process. This will be considered by an officer with no prior involvement in the case, and one more senior than that who considered the case at stage one of the appeal process previously, in line with the Council’s policy on considering appeals.
Final decision
- We will not investigate Miss X’s complaint because the Council has agreed to reconsider its decision. We are satisfied with the actions the Council proposes to take.
Investigator's decision on behalf of the Ombudsman