The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal of free home-to-school transport for Miss X’s child. There is not enough injustice caused by fault to warrant investigation.
The complaint
Miss X said the Council failed to consider the case she put forward about her disability and low income in deciding not to offer free home-to-school transport for her child.
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 any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The papers supplied by the Council show Miss X applied for on time for a secondary school place for her child at the twelfth nearest school more than six miles from her home, but that she chose no other schools. She was successful, but changed circumstances led to her making a late application for her nearest school, which is less than a mile from home, and which was unsuccessful. The Council has offered her a school under two miles from the family home.
Although the Council said it considered Miss X’s disability when dealing with her appeal, that is not supported by any evidence. However, while it would be fault not to record the consideration, this did not cause any injustice.
Miss X has had the option to apply for up to three schools between two and six miles from home that would have secured free transport due to her low income. Miss X did not claim in appealing that her secondary-age child cannot walk unaccompanied to a school that is significantly less than the maximum walking distance from the family home. Miss X’s inability to drive is therefore not relevant. There would be no injustice in her child having to walk to school due to the panel’s decision to refuse transport.
Final decision
We will not investigate Miss X’s complaint because there is too little evidence of injustice caused by fault to warrant this.
Investigator's decision on behalf of the Ombudsman