Summary: We will not investigate Miss X’s complaint about the Council’s decision not to provide home to school transport for her child. There is not enough evidence of fault in the way the Council considered the matter to justify an investigation.

The complaint

1. Miss X complains the Council rejected her application and subsequent appeals for home to school transport for her child, Y, who has Special Educational Needs (SEN). PA says this has caused her anxiety, burnout and significant distress and wants the application reconsidered.

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The Ombudsman’s role and powers

2. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered information provided by Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Local authorities must make suitable home to school travel arrangements as they consider necessary for ‘eligible children’ of compulsory school age to attend their ‘qualifying school’. The travel arrangements must be made and provided free of charge. The relevant qualifying school is the nearest school with places available that provides education appropriate to the age, ability and aptitude of the child, and any special educational needs the child may have. ‘Eligible children’ include:

• children living outside ‘statutory walking distance’ from the school (two miles for children under eight, three miles for children aged eight and above);
• children living within walking distance of the school but who cannot reasonably be expected to walk to school because of their special educational needs, disability or mobility problem;

6. Miss X appealed the Council’s decision to refuse to provide free home to school transport for her child, Y.
7. The Council held an appeal hearing. As part of its decision making, the documents show the appeal panel considered Y’s SEN and supporting information provided by Miss X, Y’s school and supporting authorities as well as information within Y’s Education Health and Care Plan (EHCP).
8. The panel decided it could not uphold the appeal. The decision letter to Miss X states Y did not meet the distance or mobility criteria to qualify for home to school transport and did not qualify for extended rights. It said there was insufficient evidence that Y’s SEN prevented them from walking to school accompanied by an adult.
9. A child will not normally be eligible for free travel to school on the grounds of their special educational needs, disability, or mobility problem, or on the grounds that the route is unsafe, if they would be able to walk to school if they were accompanied.
10. A child will not normally be eligible solely because their parent’s work commitments or caring responsibilities mean they are unable to accompany their child themselves. Councils must consider cases where the parent says there are good reasons why they are unable to accompany their child, or make other suitable arrangements for their journey, and make a decision on the basis of the circumstances of each case.
11. Where the local authority determines that a child would be able to walk if they were accompanied, the general expectation is that the parent will accompany them or make other suitable arrangements for their journey to and from school. (Department of Education, Travel to school for children of compulsory school age statutory guidance 2023, paragraphs 47 to 52)
12. The appeal panel found that the Council had correctly applied the Home to School Transport Policy.
13. We will not investigate this complaint as there is insufficient evidence of fault. The Council considered the relevant information, and its decision appears in line with its policy. The Ombudsman cannot question or criticise the outcome of a council’s decision provided the council has acted without fault in making this decision. Although I accept Miss X disagrees with the decision, there is no evidence of fault in how it was reached. An investigation into this matter would therefore be unlikely to result in finding fault on the Council’s part.

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Final decision

14. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council to warrant an investigation by us.

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Investigator's decision on behalf of the Ombudsman