Summary: We will not investigate this complaint about the Council’s home to school transport policy. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council.

The complaint

1. The complainant, whom I shall refer to as Ms X, complained about the Council’s home to school transport policy. Ms X is unhappy with the transport the Council offers to children attending faith schools. Ms X says the Council’s policy means her grandchild does not receive free transport to school.

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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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has explained the basis of its policy to Ms X and its duty to provide certain children with free transport to school. It explained that children who attend a faith school which is not the closest to home are not eligible for free transport. The Council offers a concessionary transport scheme for these children. The Council has explained there is an exemption in the Equality Act which means the discrimination provisions on religion or belief do not apply to school transport.
6. We will not start an investigation into Ms X’s complaint.
7. The evidence I have seen shows the Council’s policy to be in line with the relevant guidance and legislation. It is for the Council to decide what support it offers to children not entitled to free transport. There is not enough evidence of fault to warrant an investigation.
8. Also, councils must have an appeals process for parents to challenge decisions about home to school transport. It is reasonable for Ms X to use this process if she remains unhappy with the Council’s position.

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Final decision

9. We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman