Summary: We will not investigate this complaint about the Council’s decision to refuse Miss X’s application for school transport for her child. We have not seen evidence of fault in the way the Council considered her application.

The complaint

1. Miss X complains the Council failed to effectively communicate a change in its Home to School Transport policy. She says while she expressed a preference for the school her child attends, the choice ultimately lays with the Council.
2. She says her chosen school says it was not told school transport would not be provided in the new school year until after the school places had been awarded.

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The Ombudsman’s role and powers

3. 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))

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How I considered this complaint

4. I considered information provided by Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X applied for free home to school transport for her child. The Council refused her application because her child is not attending the nearest available school to their home address.
7. Local authorities must make suitable home to school travel arrangements as they consider necessary for ‘eligible children’ of compulsory school age to attend their ‘qualifying school’. The travel arrangements must be made and provided free of charge. The relevant qualifying school is the nearest school with places available that provides education appropriate to the age, ability and aptitude of the child, and any special educational needs the child may have. ‘Eligible children’ include:
• children living outside ‘statutory walking distance’ from the school (two miles for children under eight, three miles for children aged eight and above);
• children living within walking distance of the school but who cannot reasonably be expected to walk to school because of their special educational needs, disability or mobility problem;
• children living within walking distance of the school but who cannot walk to school because the route is unsafe; and
• children entitled on low-income grounds. (Education Act 1996, 508B(1) and Schedule 35B).
8. Miss X says when she attended the school open evening it stated transport was free. She also says:
• The school application form did not state that to qualify for transport a child must attend their nearest school.
• The transport policy changed after the school selection date.
• She is concerned about the safety of the walking route to the chosen school.
9. The Council confirms the Home to School Travel Policy was reviewed in summer 2023. All schools in the area were consulted. All head teachers were informed of the policy changes, it held a publicity campaign and published the new policy on its website in September 2023 before the 2024 admissions round.
10. Miss X appealed the Council’s decision through the Council’s two stage appeal process and provided additional information in support of her application and reasons for choosing the school.
11. The Council considered the information Miss X provided, but did not uphold his appeal. The appeal panel noted none of the three schools Miss X put on her admissions application are the closest to her home.
12. We will not investigate Miss X’s complaint. This is because there is no evidence of fault in the Council’s decision. It has considered, decided and refused her application in line with its published Home to School Transport Policy which applies to all applications. Information on eligibility is available on the Council’s website and clearly states to be eligible for free transport a child must be attending the nearest suitable school to home. None of the schools Miss X applied for is the closest to her home.
13. The Council confirms the policy was changed in summer 2023 before the applications for the following year. I understand Miss X says the school advertised school transport at the open evening in autumn 2023. If this is the case it suggests the fault lays with the school, not the Council.

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Final decision

14. We will not investigate Miss X’s complaint because we have not seen evidence of fault in the way the Council decided to refuse her application for school transport.

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Investigator's decision on behalf of the Ombudsman