Summary: We will not investigate Mrs X’s complaint about the Council’s decision her daughter does not qualify for free home to school transport. This is because there is no sign of fault by the Council.

The complaint

1. The complainant, whom I shall call Mrs X, complains about the Council’s decision her daughter does not qualify for free home to school transport on the basis she does not attend the closest suitable school. Mrs X says other children living nearby had their applications approved and there are spaces available on the bus but the bus company does not allow payment for a space. Mrs X says having to take her daughter to school is negatively impacting their work and family life.

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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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start 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))
4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X applied for free transport to school for her daughter. The Council refused the application. It said she did not qualify for free school transport because the school she attends, which was her first preference, is not the nearest appropriate school for transport purposes.
8. The Council’s transport policy says that to qualify for free transport a child must be attending the nearest suitable school to their home address and the school must be over the statutory distance of three miles. Distances are calculated using the Council’s own software and not via any other measuring device. This is to ensure all applications are assessed consistently.
9. Mrs X appealed the Council’s decision and provided additional information in support of her appeal.
10. The panel considered Mrs X’s appeal and the additional information she provided. It did not uphold the appeal as it found the original decision was made in line with the Council’s policy and there were not sufficient grounds for it to set aside the Council’s policy.
11. This is not a complaint we will investigate. This is because, whilst I acknowledge Mrs X’s dissatisfaction with the Council’s decision not to provide free school transport, there is no sign of fault by the Council here. It considered and decided the application and appeal in line with its published school transport guidance. We are not an appeal body and it is not our role to question the Council’s decisions where, as here, there is no sign of fault in the way it was reached.

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Final decision

12. We will not investigate Mrs X’s complaint. This is because there is no sign of fault by the Council.

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Investigator's decision on behalf of the Ombudsman