The Ombudsman's final decision
Summary: We will not investigate this complaint about home to school transport. This is because there is not enough evidence the Council is at fault to justify an investigation.
The complaint
Mrs X complains about the Council’s handling of her application and subsequent appeal for home to school transport for her child. Mrs X says her child is not able to travel to school independently and says her child should be eligible for travel assistance. She says the Council’s decision to not provide free home to school transport has caused her upset and distress.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X’s child has an Education, Health and Care (EHC) plan. The child is starting secondary school in September 2026. The school the child is due to attend is less than three miles in distance from Mrs X’s home.
Mrs X applied to the Council for free home to school transport. The Council refused the application for travel assistance and Mrs X appealed the decision.
Mrs X submitted evidence including the child’s EHC plan, an independent Education Psychologist report and representations from her child’s primary school. She also included a letter from a GP confirming the child’s diagnosed medical conditions.
The Council conducted a two-stage appeal process. Mrs X was asked to provide further medical evidence to demonstrate her child was eligible for travel assistance. At stage one, an officer reviewed evidence and upheld the Council’s decision. An independent panel also reached the decision the child was not eligible for free home to school transport at stage two of the appeal process. The evidence shows the Council reviewed all the documentation Mrs X provided and considered both the child’s special educational needs and the child’s physical ability.
The Council concluded Mrs X’s child could complete the journey to and from school safely, when accompanied. This decision is in line with the Council’s policy and the appeals process was conducted in line with national guidance.
While we understand Mrs X disagrees with the outcome of her appeal, there is not enough evidence the Council is at fault in its decision to not provide her child with free home to school transport. We will therefore not investigate this complaint.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence the Council is at fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman