Essex County Council (20 000 765)
The Ombudsman's final decision:
Summary: Mrs X complained about the Council’s decision to refuse to provide transport for her son to attend college. The Ombudsman has discontinued his investigation as the Council has now offered transport and the complaint has been resolved.
The complaint
- Mrs X complained on behalf of her son, Y, that the Council had refused to provide transport for him to attend college.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’, which we refer to as ‘fault’. 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)
How I considered this complaint
- I discussed the complaint with Mrs X and considered the information she provided. I considered the information the Council provided, including updates on the position after Mrs X had contacted the Ombudsman.
What I found
- Mrs X has a son, Y, who is autistic. She applied to the Council for transport for him to attend a college, College 1, from September 2020. The Council refused her application under its Post 16 Transport policy because it said there was another college nearer his home address that could offer the majority of the course he wanted to study.
- Mrs X appealed unsuccessfully through both stages of the Council’s transport appeals process. She then complained to the Ombudsman.
- In the meantime the Council was going through the process of finalising Y’s Education Health and Care Plan. When it issued the final Plan it named College 1 as the placement. The Council then reviewed its transport decision and agreed to offer transport to college.
- Mrs X is happy with the decision, she has not incurred any expenses in providing transport herself in the meantime, and there is no need for the Ombudsman to pursue the complaint further.
Final decision
- I have discontinued my investigation as the complaint has been resolved and Mrs X is satisfied with the outcome.
Investigator's decision on behalf of the Ombudsman