Summary: Mr X complains the Council failed to properly consider his request and appeal for home to school transport for his sister Ms X, who is disabled. The Ombudsman has discontinued his investigation because the Council has now agreed to provide transport for Ms X.

The complaint

1. The complainant, whom I shall refer to as Mr X complains the Council did not properly consider his request for post 16 home to school transport for his sister Ms X.

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The Ombudsman’s role and powers

2. 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)
3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended).

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How I considered this complaint

4. I have discussed the complaint with the complainant and considered the complaint and the copy correspondence provided by the complainant. I have also considered the complainant’s comments on my draft decision.

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What I found

Post 16 school transport

5. Councils must publish a statement specifying the arrangements for the provision of transport or otherwise they consider it necessary to make for the attendance of persons of sixth form age receiving education or training at specified institutions. (Education Act 1996, section 509AA)
6. The statement must set out the arrangements the council proposes to make for young people with special educational needs and disabilities. (Education Act 1996, section 509AB).

What happened

7. Mr X requested school transport for Ms X in April 2019. The Council refused to provide transport, so Mr X appealed through the Council’s two stage process between July and September 2019. The stage two appeal panel rejected Mr X’s appeal because it said that it was reasonable to expect Mr X to use the family’s car to drive Ms X to her sixth form college.
8. Mr X complained and appealed further because he said he had already stated that he could not drive Ms X to college during term times as he is a student at university.
9. The Council agreed to arrange a new panel hearing, which it did before Mr X returned to university. The panel upheld Mr X’s appeal and agreed to provide transport for Ms X.
10. Mr X confirms the Council agreed transport for Ms X, so he and Ms X did not need to miss college. The Council has agreed to provide transport which is the outcome Mr X was seeking when he complained to the Ombudsman. Therefore, the Ombudsman has discontinued his investigation.

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Final decision

11. I have discontinued my investigation for the reasons I have explained.

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Investigator's decision on behalf of the Ombudsman