A disabled mum from Bracknell was denied school transport for her child despite her mobility scooter breaking down.
The mum has mobility issues and sometimes needs to use a mobility scooter to get about.
Recently, the mobility scooter broke down, meaning that she was unable to walk her child to primary school.
Therefore the child’s grandmother began taking them to school by car to ensure they arrived safely.
However, this journey made the grandmother late going to work.
The child’s dad was also unable to help as he was busy looking after his stepfather.
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Therefore, the mum applied to Bracknell Forest Council for home-to-school transport to ensure her child arrived safely at school.
The council refused the application for transport and rejected an appeal lodged by the mum.
While the council was sympathetic to the problems the family faced, it was not a case which warranted the home-to-school transport.
The primary school is less than a mile away from the family home.
The mum then complained to the Local Government Ombudsman.
However, the ombudsman decided not to investigate the complaint, as they were unlikely to find any fault with the way the council handled the procedure.
In their review of the case, the ombudsman said: “It is unlikely we would find fault in the Council’s decision not to provide home-to-school transport.
“There is no evidence it has not properly considered the application or appeal.
“Its decision letter shows it considered its discretion.
“The home-to-school transport policies are based on the children’s needs, not the parents.”
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Councils have a duty to make suitable home-to-school travel arrangements for ‘eligible children’.
Eligible children include those living outside the ‘statutory walking distance’ of their school, which is two miles for children under eight and three miles for children aged eight and above.
It also encompasses those within walking distance of their school but who cannot reasonably be expected to walk to school because of their special educational needs, disability or mobility problem, those who cannot walk because the route is unsafe, and those entitled to low-income grounds.
However, the duty to provide school transport is assessed based on the needs of the child, not their parent or guardian.
In a statement, Kevin Gibbs, the executive director of delivery at Bracknell Forest Council said: “The LGO has closed the case after concluding they would be unlikely to find fault with the council’s decision. They were satisfied that the council had properly and sympathetically considered both the application and subsequent appeal in line with its home-to-school transport policies.
“We are unable to comment any further on individual cases but the background and full LGO decision can be found via the LGO’s website.”
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