Complaint:

A mother with Multiple Sclerosis brought a complaint to the OCO on behalf of her 5 year-old son. She had applied for concessionary transport as she was worried that she would be increasingly unable to bring her son to school herself. However, she was informed that her application would only be considered on receipt of a signed ‘Evidence of Agreement Form’ from the nearest primary school, as her son was not attending the nearest school to the family’s home.

The chairperson of the closer school refused to sign the required form on the basis that the Board of Management had ‘no function in the matter’. However, the Department of Education & Science reiterated their position that written agreement from the nearest primary school was necessary. The mother requested that the Department write to the Board of Management to clarify their role, but received the response that the Department would not intervene in such cases. As a result, the mother had not been able to have her application for concessionary transport considered.

Investigation:

The OCO contacted both the Department of Education & Science and the Board of Management of the school concerned to ascertain their positions. The DES confirmed that concessionary fare-paying transport may be allowed where pupils are not attending their nearest school, provided that the written agreement of the Board of Management of the nearest school is secured. In their reply, the chairperson of the Board of Management of the nearer school stated that the Board was “strongly of the opinion that as the matter of transport is the responsibility of Bus Éireann in normal circumstances… it is the responsibility of them alone, whenevr circumstances are found to be unusual.” The chairperson stated that signing the form would be taking upon himself the right to decide whether or not the child should have access to public transport and that Bus Éireann should not leave difficult decisions to a Board of Management.

The OCO then wrote to the Department of Education & Science to clarify whether they were in a position to explain to the Board of Management their prescribed role in the provision of concessionary transport. It was queried whether the consent requirement could be dispensed of in a situation where a school is not willing toacknowledge their role.

The Department’s response stated that verbal communication had been made with both the Principal and chairperson of the Board of Management of the school explaining their role in the provision of concessionary transport. It also stated that a Board meeting was to take place and that the issue would be discussed at that point. The Board would revert to the Department, who would subsequently make the decision known to the OCO.

Outcome:

The mother of the affected child was contacted by the Department of Education & Science and informed that her son would be able to avail of concessionary school transport scheme. Following the intervention by the OCO it has been resolved at local level and it was determined that no further intervention was required into the matter.

Posted in: Investigations Transport