The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to provide free post-16 transport to education. This is because there is not enough evidence of fault to justify an investigation.
The complaint
Mr X complains the Council has not agreed to fund a taxi for his child, A, to attend sixth form.
Mr X says the Council’s decision has not properly taken account of his child’s needs and the family’s circumstances. He would like the Council to reconsider and reverse its decision.
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s child, A, has been attending a school a significant distance from home as it is their nearest suitable school. The Council has funded a taxi to take A to and from school each day throughout their compulsory education.
Mr X applied to the Council to provide the same transport when A goes into post-16 education.
The Council has explained that it does not receive direct funding from the Government for free transport for children in post-16 education. It explained that under its policy on how it deals with such applications, it will provide a Personal Transport Budget for A.
The Council has recognised that its funding will not cover the cost of a daily taxi, it is intended to support the family to arrange transport. Ultimately, the responsibility for helping A to access education remains with the family.
There is no statutory duty on the Council to provide free transport to post-16 education, even where the child has additional needs.
The Council’s appeal response provides reasoning as to why A is eligible for the transport budget and not to free transport. This shows the Council has considered the particular details of the application against its policy.
It is not the role of this office to consider whether we agree with a decision made by the Council where it has followed law and policy in reaching that decision.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman