Summary: Mr X complains about the Council’s decision to provide home to college transport for his adult learner son, Mr A, for four days a week instead of five days. Mr X says the Council considered irrelevant information when it made its decision.

Finding

The ombudsman upheld the complaint and found fault causing injustice.

Recommendations

To remedy the injustice caused, we recommend the Council should:

 

• Apologise to Mr and Mrs X for the fault identified.
• Pay Mr and Mrs X £300 in recognition of the uncertainty caused by the fault identified.
• Review the cases of young adults (19-25) who have an Education, Health and Care (EHC) plan naming an educational setting and who were refused transport at appeal in 2018 and 2019. The review will consider if others have been similarly affected by the fault identified in this report.
• Write to the young adults identified in its review (those affected by the fault identified in this report) and invite them to reapply for travel assistance (if still relevant) under its revised policy.
• Review its policy on post 16 (to 25) SEND travel (2019) and revise it to properly reflect the test set out in law. The policy should be clear that the Council has a statutory duty to provide transport to post-19 learners if it is considered ‘necessary’, not exceptional.
• Properly reflect in its revised policy the difference between the approaches the Council should be taking for young people aged 16-18 and those over 19.
• Make the finalised policy available on its website.

Ombudsman satisfied with council's response: 30 June 2020

 

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