Summary: Mrs F complains the Council failed to offer free home to school transport for her son, G, who was attending the school named on his Education, Health and Care Plan. The Council accepted fault and will reimburse Mrs F for the travel she has already paid for and put free travel in place for the future.

The complaint

1. The complainant, whom I shall call Mrs F, complains the Council failed to put in place school transport to the school named on G’s Education, Health and Care Plan (EHCP).

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The Ombudsman’s role and powers

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)
3. 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)
4. Under the information sharing agreement between the Local Government and Social Care Ombudsman and the Office for Standards in Education, Children’s Services and Skills (Ofsted), we will share this decision with Ofsted.

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How I considered this complaint

5. I spoke to Mrs F and the Council on the telephone. I have accessed relevant statutory guidance. I sent Mrs F and the Council a copy of my draft decision and took their comments into account before issuing a decision.

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What I found

6. Mrs F’s son, G, has an Education, Health and Care Plan naming a school.
7. The Special Educational Needs and Disability Code of Practice (2014) explains the Council is responsible for providing transport to a child’s nearest available suitable school. However, if the parents’ preferred school is further away from the child’s home than another school that can meet the child’s special educational needs the Local Education Authority (LEA) can name the nearer school. Alternatively, the LEA can name the parents’ preferred school with the condition that the parents agree to pay all or part of the transport costs.
8. The Council argued the school G was attending was not ‘the nearest available suitable school’. However, it had named the school on his EHCP without conditions and Mrs F says she was never told of a nearer school that could meet G’s needs.
9. The Council accepts it was acting with fault in saying G was not attending his nearest available suitable school. It also accepts Mrs F was put to time and trouble in having to come to the Ombudsman.

Agreed action

10. Within a month of my decision the Council is asked to:
1. Apologise to Mrs F for failing to put in place transport for G before;
2. Make a payment of £150 to Mrs F to acknowledge her time and trouble in having to bring this complaint.
3. To reimburse Mrs F for the transport she has already paid for and to arrange free transport for G in the future.
11. Within three months of the date of my decision, the Council is asked to tell me what action it will take to ensure the guidance it gives to officers on providing transport to school for children with an EHCP is accurate so this does not happen in the future.

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Final decision

12. I have found evidence of fault leading to injustice. The Council has agreed action to remedy that fault.

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Investigator's decision on behalf of the Ombudsman