Birmingham City Council (18 012 900)

Category : Education > School transport

Decision : Not upheld

Decision date : 07 Aug 2019

The Ombudsman's final decision:

Summary: Mrs X complains about the Council’s response to her concerns about its decision to change the transport route used by her child to attend school and the impact caused to the child’s medical conditions. The Ombudsman has found no evidence of fault in the way the Council considered these matters.

The complaint

  1. The complainant whom I shall refer to as Mrs X complains the Council removed the pupil guide on her child Y’s transport to school causing distress. The Council then changed Y’s route, but this took longer adding hours to the school day. Mrs X says this impacted on Y’s medical conditions because of the fatigue caused.
  2. Mrs X says the Council amended Y’s route to reduce the time spent travelling to school which resolved her concerns. But the transport has been unreliable causing further distress and anxiety for Y.

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The Ombudsman’s role and powers

  1. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
  2. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

  1. I have read the papers submitted by Mrs X and spoken to her about the complaint. I considered the Council’s comments on the complaint and the supporting documents it provided. I have explained my draft decision to Mrs X and the Council and considered the comments received.

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What I found

Home to school Travel arrangements

  1. Under the Education Act 1996 (the Act) local authorities must make ‘suitable travel arrangements’, ‘as they consider necessary’, for ‘eligible children’ to attend their ‘qualifying school’. This transport must be provided ‘free of charge’ (section 508B).
  2. ‘Eligible children’ are defined in Schedule 35B of the Act. They include:
    • Children living outside ‘statutory walking distance’ from the school (two miles for children under eight, three miles for children between eight and 16); and
    • Children for whom the local council has not made suitable arrangements for the child to become a registered pupil at a qualifying school.
  3. 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’.

The Council’s Home to School Travel Policy

  1. The Council provides transport to eligible children and provides travel assistance to children and young people with Special Educational Needs if they cannot reasonably be expected to walk to the school. The travel assistance includes transport vehicles, usually specially adapted minibuses provided by suitably qualified and registered commercial providers.
  2. The children are expected to travel together, and each route planned based on school start and finish times. And the shortest possible route for all children or young people travelling in a vehicle. A home pick up and drop off will only be made where it is deemed essential due to the child or young person’s significant needs. Otherwise the collection and drop off point is at a recognised bus stop within a reasonable distance from their home.
  3. The Council may provide a pupil guide to accompany a child or young person to school. They are only provided where they are necessary for the ‘safe operation of the vehicles and/or the care of children and young people.’
  4. Where it has granted travel assistance the Council reviews it yearly or after a review of a child’s Education, Health and Care Plan (EHCP). The Council will also carry out a review where there has been a significant change in circumstances which may affect entitlement to travel assistance, such as a change in school, home address, or change in parental circumstances or change in the child or young person’s needs.

Events leading to the complaint

  1. Y has several medical conditions and attended a special school since 2016. Mrs X applied for travel assistance for Y in February 2016. The Council assessed Y according to its Home to School Transport policy and awarded specialised transport to help Y get to school. Y was allocated a transport route which benefited from the provision of a pupil guide. The Council has provided the transport provision for Y since 2016.
  2. In August 2018 the Council’s Travel Assist team wrote to Mrs X. It advised they were removing the pupil guide allocated to Y’s transport route from the start of the new academic term in September 2018. This was following a review of the transport and the Council considered it could run safely without a pupil guide.
  3. Mrs X complained to the Council saying Y needed the guide due to the child’s medical conditions. Travel Assist reviewed the decision recognising Y was of primary school age so should be accompanied on a journey to school. Travel Assist reversed its decision and changed Y to a different transport route with a guide for the start of the academic year 2018. The Council says at no point has Y travelled without a guide.
  4. Mrs X complained to Travel Assist in September 2018 about the length of time Y was travelling to and from school on the new transport route. Mrs X said Y’s school was just over two miles away, but the route added hours to the child’s day. Mrs X said it caused Y fatigue which impacted on the medical conditions. The Council found the journey time fell within the 75 minutes or less suggested by current government guidelines. But it agreed to review Y’s transport route to try to reduce the travel time.
  5. The Council carried out a comprehensive review of Y’s transport route. It arranged an Occupational Therapist (OT) assessment in November 2018. This was to confirm whether the current transport was suitable, met Y’s needs and did not compromise the child’s safety and welfare. The OT assessed Y at home on a return from school and recommended reducing Y’s travel times to make the school day shorter. This would allow Y to rest and recover between school days.
  6. In November 2018 the Council amended Y’s transport route to alter the pick-up and drop off order. Mrs X emailed the Council to confirm the change in route reduced Y’s travel time and both she and Y were happy with the travel time. The Council told the transport provider not to change Y’s transport route without prior consent from Travel Assist.
  7. Mrs X complained to the Council in December 2018 about its decision to remove the pupil guide without formal consultation, the impact the change had on Y and the journey times Y suffered. Mrs X questioned the documents used by the Council in reviewing Y’s transport needs and said it had not consulted parents and schools during the review procedure.
  8. The Council responded and explained the reason for deciding to remove the pupil guide. It said it reversed the decision following Mrs Y’s complaint and apologised for any distress caused. The Council said it was not required to consult parents on the change to individual travel assistance. But having reviewed the procedure followed in this case it considered it good practice to contact families in advance and invite comments before making a final decision. The Council said it was changing its procedure because of Mrs X’s complaint.
  9. The Council advised when reviewing Y’s transport needs as a child with special educational needs who cannot reasonably be expected to walk to school, the case is assessed individually. And the Council takes account of documents such as the original application, the EHCP plan, information from the school, documents from the parents, the Council’s Home to School Transport policy and any statutory guidance.
  10. In January 2019 Mrs X complained via social media about disruptions to Y’s transport route and it not operating to schedule. The Council investigated and found it due to the transport provider struggling to cover driver sickness absence. The Council apologised on behalf of the transport provider. Mrs X complained in February 2019 via social media as she had needed to take Y to school one day due to problems with Y’s transport. The Council contacted the transport provider who confirmed it was because of driver absence. The transport provider apologised to Mrs X.
  11. Mrs X also complained about the late running of Y’s transport by 20 minutes on a day in April 2019 and two days in May 2019 on social media. The Council contacted the transport provider who explained it was due to driver sickness absence. Mrs X raise concerns in June 2019 via social media about the late running of Y’s transport route by 20 minutes. The Council found it was because of the allocated driver altering the drop off order of the route due to a new child added to the route. The Council says the driver’s actions were contrary to the instructions they were given. The transport provider will address the matter with the driver.

My Assessment

  1. The Council reviewed Y’s transport route and considered it could be operated without a pupil guide. There was no requirement for the Council to consult with Mrs X over its decision to change the transport route. Mrs X complained to the Council once told of the decision. The Council reviewed and reversed its decision and apologised to Mrs X. I consider the apology is suitable action for the Council to take for any distress caused to Mrs X on receiving the Council’s letter. The Council moved Y to a different route, so the child was not without a pupil guide.
  2. There was no fault by the Council in not consulting Mrs X before changing the pupil guide provision. But the Council has accepted it would have been better if it had advised parents before any changes. So, it has changed its procedure to ensure it does so in future. I consider this is suitable action for the Council to take to ensure parents are aware of any possible proposed changes to transport routes.
  3. The documents show that the Council responded to Mrs X’s concerns about the length of time of Y’s transport route and the impact on the child’s health. The Council arranged an OT assessment and implemented the recommendations made to reduce Y’s travel time. Mrs X and Y both confirmed they were happy with the new travel times.
  4. There have been some issues with the timings of the route and occasional cancellations. The document show the Council has investigated and contacted the transport provider. The Council has apologised for the issues caused such as driver absence. While these are unfortunate, I do not consider they have been caused by fault by the Council.

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Final decision

  1. I am completing my investigation. I have found no fault by the Council in the way it responded to Mrs X’s concerns about her child’s transport route to school.

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Investigator's decision on behalf of the Ombudsman

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