Summary: We will not investigate this complaint about the Council’s decision not to provide transport to school for 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 wrongly decided not to provide free transport to school for her child who has special educational needs.
2. Ms X says the Council has denied her child safe transport to school and caused distress and unfair financial cost. She is seeking a reversal of the decision, a free bus pass and repayment of any costs she may incur before this is done.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X applied to the Council for a free bus pass to school for her child when they start secondary school this September.
7. The Council has considered the application and later appeal and decided the eligibility criteria are not met so it will not issue a bus pass.
8. The Council explained that as Ms X’s child lives within the statutory walking distance of the school, and reasonably able to walk to school, with an adult if needed, they do not qualify for free school transport.
9. The Council explained it considered whether there are reasons to apply discretion but has not been provided with evidence of any.
10. The law states the Council is responsible for school transport only when the child attends their nearest suitable school and that school is not within the statutory walking distance, or the child is unable to travel with or without a parent’s help.
11. The Council has shown it has considered Ms X’s child’s circumstances against its legal duties and explained why the child is not eligible for that support.

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Final decision

12. 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