Summary: The Ombudsman has decided not to investigate Mrs J’s complaint about the transport appeal for her son, S, who has SEN, because the Council has agreed to arrange a new appeal.

The complaint

1. Mrs J complains that the Council did not take account of all relevant information when it refused her appeal for solo home-school transport for her son, S, who has special educational needs (SEN) and cannot engage with learning after a journey with another child.

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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 provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I have considered the information provided by Mrs J with her complaint, and the response of Mrs J and the Council when I asked the Council to consider arranging a fresh appeal hearing.

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What I found

4. Mrs J’s son, S, has SEN and the Council arranges transport to and from the placement named in his education, health and care plan. In 2019, the Council changed the arrangement so S had to share the taxi with another pupil attending the same placement.
5. S has communication difficulties and requires 1:1 social and emotional support throughout the school day to be able to cope with other children. When sharing the taxi, he arrived at school stressed and had to spend most of the day recovering. Mrs J asked the Council to reconsider the transport arrangements. When the Council refused, she went through the transport appeal process.
6. The Council did not uphold Mrs J’s appeal. Mrs J has information from S’s school which she says the Council did not consider. She also has new information from CAMHS, and information about the other child in the taxi which may influence the Council’s decision.
7. The Council has agreed to arrange a fresh appeal hearing to reconsider its decision with the benefit of this new information. I am satisfied with this proposed action so we will not investigate Mrs J’s complaint at this stage.

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Final decision

8. The Ombudsman has decided not to investigate Mrs J’s complaint about the transport appeal for her son, S, because the Council has agreed to arrange a new appeal.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman