The Ombudsman's final decision
Summary: We will not investigate Mrs M’s complaint about free home to school transport because there is not enough evidence of fault to justify an investigation.
The complaint
Mrs M complains the Council refused her request for free home to school transport for her daughter, G, in September 2024. She says the Council provides free transport for G’s older brother and she thinks the Council’s decision not to provide transport for G is unfair. She disagrees with the Council’s view there is a nearer school because she says there is no safe walking route from her home.
Mrs M wants the Council to provide free home to school transport for G and to reimburse the money she has spent on bus fares since September 2024.
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, or we cannot achieve the outcome someone wants, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs M says there is no safe walking route to the nearest school. She says the Council acknowledged this when she applied for transport for her son in 2022. She thinks the same logic should apply to her application for free transport for her daughter in September 2024.
We do not decide whether the Council should provide free transport for Mrs M’s daughter. This is the Council’s job. Our role is to check the Council followed relevant legislation, Government guidance and Council policies. We check the Council considered all relevant information, and its decision making was fair. We cannot question decisions taken without fault, no matter how strongly Mrs M disagrees. We are not another appeal.
Government guidance changed in January 2024. The previous guidance said the nearest school was identified by measuring the shortest route along which a child, accompanied as necessary, could walk in reasonable safety. The January 2024 guidance says It is not necessary to determine whether they would be able to walk that route in reasonable safety for the purposes of determining which is their nearest school.
It appears the Council correctly assessed Mrs M’s 2024 application in line with current Government guidance. There is not enough evidence of fault in the Council’s decision making to justify an investigation. We cannot, therefore, achieve the outcome Mrs M wants. There is no worthwhile outcome achievable.
Final decision
We will not investigate Mrs M’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman