The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to award Miss X’s child a place on its free home to school transport scheme. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
Miss X complained the Council rejected her application for home to school transport on behalf of her child with special educational needs (SEN).
The Ombudsman’s role and powers
We investigate 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 continue 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))
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X applied to the Council on her child Y’s behalf. In her application she explained Y has no concept of danger and has been diagnosed with autism spectrum disorder (ASD).
The Council declined Miss X’s application, stating that Y did not qualify for home to school transport as the distance between Y’s home and school was less than 2 miles.
Miss X asked for a review of the Council’s decision and later appealed it when the Council maintained the decision. Miss X provided the Council with a copy of Y’s education, health and care plan (EHC Plan) and reiterated her belief that Y should not be expected to walk to school. The Council held an appeals panel hearing and again declined Miss X’s application, stating it had considered Miss X’s comments and evidence but there were no exceptional circumstances which required the Council to provide home to school transport for Y. Miss X brought her complaint to the Ombudsman as she disagreed with the Council’s decision.
The Ombudsman cannot question the outcome of a Council’s decision provided the Council has acted in line with the correct policy and/or governance in arriving at this decision. The evidence seen so far indicates the Council has considered Miss X’s application and comments and decided Y is not eligible for home to school transport. The Council is entitled to make this decision. There is no evidence of fault in the way the Council made this decision; an investigation would therefore be unlikely to find fault with the Council’s actions.
Final decision
We will not investigate Miss X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman