Birmingham City Council (24 006 540)

Category : Education > School transport

Decision : Closed after initial enquiries

Decision date : 17 Sep 2024

The Ombudsman's final decision:

Summary: We will not investigate this complaint about a travel assistance request for school transport. There is not enough evidence of fault to justify our involvement.

The complaint

  1. Mrs X complained about the Council’s decision to provide her child Y, a bus pass. She said Y cannot make the journey independently due to their anxiety. Mrs X disagrees with the Council’s expectation that parents are expected to accompany their children to school. She said she and her husband cannot accompany Y as they both work full-time. She wants the Council to provide additional transport assistance.

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The Ombudsman’s role and powers

  1. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
  2. 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 investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council including its 0-25 Travel Assistance Policy: 2023 to 2024.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mrs X applied to the Council for home to school transport for Y. The Council decided Y was eligible and agreed to issue a bus pass. Mrs X asked for this decision to be appealed. She said Y could not travel independently. She provided medical evidence from a health professional. She said that she and her husband worked and could not accompany Y to school.
  2. The Council considered the appeal at stages one and two of its appeal procedure. It did not uphold the appeal. It wrote to Mrs X and explained it was satisfied Y could use the transport provided with parental support. It said it expected parents to accompany children to school if needed.
  3. We will not investigate this complaint. I have considered the steps the Council took to consider the matter. It considered the information provided by Mrs X. It applied its policy and set out reasons for its decision. There is no evidence of fault in how the Council made its decision therefore I cannot question whether that decision was right or wrong.

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Final decision

  1. We will not investigate this complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman

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