Summary: We will not investigate Mr X’s complaint about a home to school transport application. It is unlikely we could achieve significantly more than the outcome of the Council’s appeal process.

The complaint

1. The complainant, whom I shall call Mr X, says the Council did not assess his application for home to school transport properly.

Back to top

The Ombudsman’s role and powers

2. 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
• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered information provided by Mr X and his applications and appeals provided by the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mr X applied in mid July 2022, after the yearly deadline, for home to school transport for his grandchild, Y, for whom he cares. Y was due to start at senior school in September having been home educated for the previous two years. Y has an Education Health and Care Plan (EHC Plan). Y has health and disability needs.
6. The Council informed Mr X in mid September that it had refused his application. He appealed. The Council considered his appeal in late October. It upheld his appeal. It granted home to school transport from the end of October 2022 until the end of March 2023.
7. Mr X appealed to the Council’s second stage appeal. He said he wanted home to school transport guaranteed until Y reached 25.
8. The Council’s stage two appeal panel upheld Mr X’s appeal in January 2023. It granted home to school transport until the end of the 2022/23 academic year in July 2023. Mr X says this is not enough and he would like it guaranteed until Y is 25. Mr X says the whole process has been stressful. He says the Council has not assessed his application properly.

Analysis

9. The law and guidance on home to school transport is different for over 16s. In addition, it is not usual practice for Council’s to agree home to school transport which covers a period when a child is expected to move education settings. We are unlikely to find fault in the Council’s decision to review the case in the summer of 2023 nor in its decision not to provide home to school transport for Y up to age 25.
10. The Council has agreed to home to school transport for this academic year. It is unlikely our investigation would achieve more.
11. The Council’s home to school transport appeal process in Mr X’s case appears to be in keeping with the national guidance.

Back to top

Final decision

12. We will not investigate Mr X’s complaint because it is unlikely our investigation could achieve more than the second stage appeal achieved.

Back to top

Investigator's decision on behalf of the Ombudsman