The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about school transport to an out-of-borough Church of England school because there is not enough evidence of fault to justify an investigation.
The complaint
Ms X complains the Council refused her application and appeal for free home to school transport for her son to an out-of-borough Church of England secondary school.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X wants her son to be educated at a Church of England secondary school in line with the family’s religious beliefs. She says there are no Church of England secondary schools in Knowsley, and no other schools she considers suitable.
Councils have a power, but not a duty, to provide transport to schools chosen by parents on the grounds of their religious beliefs.
Ms X complains the Council failed to have regard to her religious beliefs when considering whether to exercise its discretion and use its power to provide transport for her son.
The Council decided not to exercise its discretion to provide transport to an out-of-borough Church of England school because it considers there is a nearer suitable school.
There is not enough evidence of fault to justify an investigation.
There is a secondary school within walking distance of Ms X’s home. The Church of England primary school Ms X’s son attended is a partner primary school for this school. It would be difficult to argue the school was not suitable given the links with her son’s primary school. It is more likely than not that Ms X’s son would have secured a place if she had applied for one.
Final decision
We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman