Overview:

Key to names used

• Miss X The complainant
• Y Her son

Summary

Miss X complained about the Council’s decision not to provide her son, Y, with transport to college. Miss X said the Council failed to properly consider Y’s circumstances and her appeal, and its communication was poor.

Finding

Fault found causing injustice and recommendations made.

Recommendations

To remedy the injustice caused, we recommend within one month of the date of this report the Council should:

• apologise in writing to Miss X for the identified fault;

• pay Miss X £200 to recognise the time and trouble caused to her by the failings in dealing with her complaint;

• pay Miss X £100 to recognise the avoidable uncertainty she was caused by the failure to keep her properly updated throughout the application and appeals process;

• remind staff dealing with transport applications and appeals of the importance of providing timely, clear, consistent, and well-reasoned decisions and ensuring decision reasons are recorded; and

• re-assess Y’s transport application and if refused, ensure the decision explains the calculation of school distances and course levels to allow Miss X to then submit an informed appeal. If the Council decides to provide transport it should also reimburse Miss X for the costs she has incurred to date.

Within three months of the date of this report, the Council should:

• revise its post-16 transport policy to make it clear to applicants they can contact the Council about course levels and to check or compare measures of school distances; and

• review decisions issued for the school year September 2021 where it has refused transport to children with Education, Health and Care plans (EHCPs) under its post 16-transport policy based on distance or course level. It should ensure no transport applications were declined based on exclusions relating to school distance and course levels without any explanation given. If any applications are found, these should be reassessed and if transport agreed, parents should be offered a remedy for the missed provision. If transport is not agreed, parents should be offered the option to appeal.

The Council has accepted our recommendations.

Ombudsman satisfied with Council's response: 12 May 2023.

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