The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council is applying its school transport policy. There is no evidence of fault in the Council’s actions.
The complaint
The complainant, I shall call Ms B, complains the Council applies a higher threshold for supporting information for her application for home to school transport for her son.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms B and the Council.
I considered the Ombudsman’s Assessment Code.
The complainant had an opportunity to comment on the draft version of this decision.
My assessment
Ms B says her son cannot reasonably be expected to walk to school even if a suitable adult accompanies him.
The Council has provided school transport for her son until the end of the school year. It says Ms B has to reapply. As part of the application process, Ms B has provided supporting evidence about her son’s medical condition and needs.
The Council is not satisfied the information provided is enough to show her child cannot walk to school accompanied. It has asked Ms B to provided information about her medical conditions to establish whether she is a suitable person to walk to school with her son.
Ms B disagrees with the Council. She says the information about her son’s needs satisfies the requirements for free school transport.
The government guidance “Home to school travel for pupils requiring special arrangements” details best practice in providing transport for pupils with special education needs. This sets out several key principles which includes: “the travel needs of each eligible pupil are reviewed at least annually to ensure that provision is safe and appropriate” The Council has not refused to provide Ms B’s son with school transport. It has asked Ms B to reapply for the coming school year. This is a decision it is entitled to make.
The Council is not satisfied with the supporting information provided so far and has asked for further information to inform its decision whether to provide school transport and what form any transport should take.
Should the Council refuse to provide school transport, Ms B will be able to appeal the decision. If the appeal is not successful and Ms B remains aggrieved, she may choose to make a new complaint to the Ombudsman at that point.
Final decision
We will not investigate this complaint. This is because we have not seen evidence of fault in the Council’s actions. It is entitled to request evidence to support her application for free school transport for her son.
Investigator's decision on behalf of the Ombudsman