Summary: Mr F complained his son B’s school transport was unreliable and the journey took too long. The Council upheld his complaint and addressed the problems.

The complaint

1. Mr F complained about school transport for his son, B. He complained the transport was unreliable and had not arrived to take B to school on several occasions since the start of term in September 2020. This meant B missed school and Mr F was unable to work. Mr F complained he was frequently unable to contact the transport provider by telephone for information.
2. The Council apologised for the problems and paid Mr F £200. The Council changed provider for B’s transport and things settled down.
3. However, there were further problems at the beginning of November 2020, so Mr F complained to the Ombudsman. He was particularly concerned that B’s journey to school took more than two hours.

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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. 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

5. I have considered:
• information provided by Mr F;
• information provided by the Council.
6. I invited Mr F and the Council to comment on my draft decision.

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What I found

7. Mr F’s son, B, is a pupil at a special school. The school is over 15 miles from home. The Council provides transport for B.

What happened

8. Mr F complained to the Council on 8 September 2020 about problems with B’s transport at the start of term. Despite assurances from the transport provider there would be no further unplanned cancellations, there were problems at the beginning of the following week.
9. The Council changed provider for B’s transport and apologised to Mr F for the disruption. The Council agreed a payment of £200 which Mr F requested in recognition of his lost earnings.
10. B’s transport operated without problem until early November 2020. Problems arose when the escort had to isolate following contact with someone who tested positive for Covid-19. The Council was unable to provide transport on Monday 9 November because it could not provide an escort.
11. On 10 November, Mr F complained to the Ombudsman. He was concerned the Council had not got to the bottom of the problem following his complaint, and that problems would recur.
12. We said we thought the Council’s apology and offer of £200 were a satisfactory response. Mr F disagreed. He said B’s journey now took more than two hours which he considered unacceptable. He asked us to investigate.

Consideration

13. Government guidance says, “Best practice suggests that the maximum each way length of journey for a child of primary school age to be 45 minutes and for secondary school age 75 minutes, but these should be regarded as the maximum. For children with SEN and/or disabilities, journeys may be more complex and a shorter journey time, although desirable, may not always be possible.” (Home to school travel and transport guidance. Statutory guidance for local authorities, DfE 2014, paragraph 34)
14. The Council explained that another pupil using the same transport had moved house and this made the journey longer. The Council reorganised the transport and B’s journey is now less than the government’s recommended time.
15. I consider the Council’s apology, its payment of £200 and the actions outlined above to address the problems with the service are a satisfactory response to Mr F’s complaint about the problems with B’s transport at the start of term.

Other children

16. Following complaints from parents, a meeting of the full council voted in September 2020 to appoint an independent body to carry out a review of the school transport service. The report, received by the Council in November 2020, highlighted serious problems. The Council is currently working to address the problems, including re-tendering for transport providers and introducing new computer systems. Details of the review and the Council’s response are available on the Council’s website and have been widely reported in the local press. The Council has established a Home to School Transport Board, chaired by the Chief Executive, to address the problems.
17. I understand Mr F will be invited to trial new real-time information systems to monitor school transport.
18. I welcome these developments.

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Final decision

19. I have completed my investigation. There were problems with B’s school transport in September and November 2020. The Council’s apology and payment of £200, together with the improvements now underway, are a suitable remedy.

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Investigator's decision on behalf of the Ombudsman