Summary: Mrs M complained about her son, B’s school transport. She is concerned for the safety of pupils using the service. The Council responded appropriately to her complaints.

The complaint

1. Mrs M is unhappy with her son, B’s school transport.
2. Mrs M complains about a number of incidents on the transport, in particular that:
• on 28 November 2018, the driver dropped the children in a nearby village rather than the usual drop-off point. Parents were not notified.
• on 5 December 2018, a temporary driver asked the children for directions.
• on 24 January 2019, the Council informed parents the pick-up location would change from 28 January due to roadworks. Mrs M complains about the short notice.
• on 4 February 2019, a bus window was broken during the journey. Mrs M alleges the driver was driving recklessly.
• on 6 February 2019, the driver had to use the emergency exit to fix a problem with the door. Mrs M does not believe appropriate safety checks were carried out.
3. Mrs M says that worrying about whether B gets to school and back safely leaves her unable to concentrate at work. She believes the Council should pay compensation for the stress and impact on the family’s work commitments.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. 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

6. I have considered:
• information provided by Mrs M; and
• information provided by the Council, including its response to Mrs M’s complaint.
7. I invited Mrs M and the Council to comment on my draft decision.

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What I found

8. Mrs M pays for school transport for her son, B. The transport is arranged by the Council. A 29-seat coach collects pupils from an agreed pick-up point.
9. Mrs M lives on a country lane. The lane has no pavements.
10. B is studying for his A-levels. Mrs M says B has autistic tendencies. He does not have an Education, Health and Care (EHC) plan as he has always coped well at school. Mrs M says her main concern is the nature of the roads and traffic which she says would pose a risk for anybody.

Mrs M’s complaint to the Council

11. Mrs complained to the Council about B’s transport. The Council responded to her complaint by letter dated 26 March 2019. The Council explained that it took up all the issues Mrs M complained about with the contractor straight away and recorded them in the driver and operator file. The Council said:
• the contractor did not notify it of the change to the drop-off location on 28 November 2018, as it should have done, so the Council could not inform parents or make alternative arrangements. The coach could not follow its normal route due to a road closure following an accident. The Council apologised.
• it was not acceptable that a driver had asked children for directions.
• the operator had failed to report the incident when a window was broken immediately. The Council said it had reviewed video footage of the incident and was satisfied no children were hurt and the accident was not caused by the driver’s carelessness.
• it would ask to see the inspection records for the coach for the day there was a problem with the door to ensure the necessary checks were made.
12. The Council explained that it held contract monitoring meetings with operators at the end of each term, although it had not held the December 2018 due to limited resources and competing work priorities. The Council said it would raise the issues at the March 2019 meeting. The Council sent me the minutes of the March 2019 meeting which confirm the Council raised all the issues Mrs M complains about.
13. The Council explained that it was unable to give parents any more notice of the change to the pick-up point in January 2019 because it depended on the completion of utility works which were outside the Council’s control.

Consideration

14. B is not eligible for transport under the Council’s transport policy.
15. Young people who are not eligible for transport can sometimes pay to use council-arranged transport if there are spare seats available.
16. Mrs M pays for B’s seat on the transport arranged by the Council. The Council says the price of the service does not cover the cost to the Council.
17. Mrs M is unhappy with the service arranged by the Council. She believes the issues she has complained about are safeguarding incidents.
18. The Council has apologised for the occasion on which B was dropped off in a nearby village, not the usual place. The Council has raised this, and the other problems Mrs M complains about, with the contractor through the contract management process. While I acknowledge Mrs M’s dissatisfaction, I consider this an appropriate response to her complaints.
19. I have seen the roads around Mrs M’s home, and I appreciate her concerns about pedestrian safety on these roads. However, there are no grounds for the Ombudsman to recommend the Council pay compensation. I am satisfied the Council responded appropriately to Mrs M’s complaints. As the Council was not aware of any additional needs B may have as a result of his autistic tendencies, I cannot expect it to make special arrangements.

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Final decision

20. I have ended my investigation. I am satisfied the Council responded appropriately to Mrs M’s complaints about B’s transport.

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Investigator's decision on behalf of the Ombudsman