Summary: there is no fault in the Council’s decision to refuse Mr and Mrs P’s application for transport assistance for their daughter, G. We cannot question decisions taken without fault.

The complaint

1. Mr and Mrs P complain the Council refused to provide transport assistance for their daughter, G, to attend school.
2. They complain that providing transport themselves is placing an unsustainable strain on the family and their work and say they will end up taking G out of school.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I have considered all the papers from Mr and Mrs P’s transport application and appeal. I have not included personal details here to ensure their anonymity.
6. I have invited Mr and Mrs P and the Council to comment on my draft decision.

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What I found

7. Mr and Mrs P’s daughter, G, started her post-16 education in September 2024.
8. G has special educational needs and an education, health and care (EHC) plan maintained by the Council.
9. Mr and Mrs P applied for transport assistance. Their application and subsequent appeal were unsuccessful. Unhappy with the outcome, they complained to the Ombudsman.

Post-16 transport for pupils with special educational needs

10. Legislation sets out the council’s duties. (Education Act 1996, sections 509AA and 509BB)
11. For pupils of sixth form age, the Council must prepare a transport policy statement each year.
12. The statement must set out, among other things, the arrangements for the provision of transport or otherwise the council considers necessary to facilitate the attendance of persons of sixth form age receiving education or training.
13. The statement must address the needs of students with disabilities.
14. The Council’s policy is on its website. (Travel Assistance Policy for learners aged 16 to 25)
15. The Government has issued statutory guidance. (Post-16 transport and travel support to education and training. Statutory guidance for local authorities, published by the Department for Education January 2019)
16. Unlike children of school age who may have a statutory entitlement to transport, the Council only has a duty to make transport arrangements for pupils of sixth form age if it first decides it is necessary to do so.

Consideration

17. The Ombudsman is not an appeal. I do not decide whether the Council should provide transport assistance for G. My job is to check the Council made its decision properly. I check the Council followed relevant legislation, guidance and policies. I cannot question decisions taken without fault.
18. In their appeal, Mr and Mrs P explained that their work does not allow them to provide G’s transport themselves.
19. The Council’s response to Mr and Mrs P’s appeal was long, but the decision is relatively simple. The Council does not consider it is necessary to make arrangements for G’s school transport because it decided Mr and Mrs P have the capacity to make the necessary arrangements themselves.
20. The Council has been careful not to tell Mr and Mrs P what arrangements it thinks they should make. That is fair enough, but it has perhaps resulted in a longer decision letter than might otherwise have been the case.
21. Although the Council has not been so blunt, it is clear the Council believes Mr and Mrs P have the financial means to make the necessary arrangements for G’s school transport. That being the case, there is no need for the Council to make arrangements.
22. There is no fault in the Council’s decision. The Council has followed relevant legislation, guidance and policies and taken account of information provided by Mr and Mrs P. I cannot, therefore, question the outcome.

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Decision

23. There is no fault in the Council’s decision to refuse Mr and Mrs P’s application for transport assistance for their daughter, G. We cannot question decisions taken without fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman