The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s refusal to consider an appeal against its decision to refuse to provide school transport for Mrs X’s child. There is insufficient evidence of fault.
The complaint
Mrs X complains the Council will not provide a right of appeal against a decision which she says it made in March 2025 to refuse to provide her child with school transport.
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 Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In 2024, the Council refused Mrs X’s appeal against its decision to refuse to provide school transport for her two children, whom I shall call child Y and child Z.
Both child Y and child Z have Educational, Health and Care Plans (EHC Plans) naming school A. However, the Council says school A is named in child Z’s EHC Plan as parental preference and a closer school can meet her needs.
In February 2025, Mrs X applied for school transport for child Y and child Z to school A, as they were now living with her during the week. Following a court hearing in March, the Council confirmed to Mrs X that as child Y is eligible due to her additional needs, it would provide her with free school transport. Once the transport is in place, Mrs X could buy a seat for child Z, who has no additional needs, if there is a spare seat available.
Mrs X complains the Council will not allow her to appeal against its decision not to provide transport for child Z. However, the Council is satisfied it has not made a new decision for child Z. It has reconfirmed the decision made in 2024.
Final decision
We will not investigate Mrs X’s complaint because we have not seen enough evidence of fault in the Council’s actions regarding school transport for child Y.
Investigator's decision on behalf of the Ombudsman