Summary: We will not investigate this complaint about the Council’s handling of applications for school transport and a school place. Mr X’s complaint about transport is late. It is reasonable for Mr X to use his right of appeal if he wants to challenge the decision not to offer his child a place at his preferred school.

The complaint

1. The complainant, Mr X, is unhappy the Council has refused his application for school transport. The Council says Mr X’s child does not qualify for transport because they do not attend the closest school to home. Mr X wants the Council to provide a place at a closer school or transport to his child’s current school.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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))
5. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
6. School admission appeal panels are tribunals which hear appeals about decisions on applications for school places.

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. We will not start an investigation into Mr X’s complaint.
10. The Council responded to Mr X’s appeal against its decision not to provide school transport in October 2023. The Council says Mr X did not ask it to consider his appeal at the second stage of its process. We expect people to come to us within 12 months of them becoming aware of a problem unless there is a good reason they did not complain earlier. Mr X’s complaint about transport is therefore late and so we will not investigate. Even if we put aside the time issue, it is unlikely we would investigate. The Council’s decision was in line with its policy and the law and Mr X did not pursue a second stage appeal. There is not enough evidence of fault to warrant us investigating. Mr X could ask the Council if it will consider a fresh application.
11. Turning to the school admissions part of Mr X’s complaint, parents whose application for a school place are refused have a right to appeal the decision to an independent appeal panel. These are statutory tribunals and can order the school to offer a place. Where parents have such a right, we generally expect them to use it. An appeal could give Mr X the outcome he wants, an investigation by the Ombudsman could not. It is therefore reasonable for Mr X to use his right of appeal, and we will not investigate.

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Final decision

12. We will not investigate Mr X’s complaint because it is late, and it is reasonable for him to use his right of appeal.

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Investigator's decision on behalf of the Ombudsman