Summary: Mrs X complained the Council did not properly consider her school transport appeal. She says that this caused difficulty and inconvenience. We find no fault by the Council in the way it considered the appeal.

The complaint

1. Mrs X complained the Council failed to properly consider their request for school transport for their disabled daughter, who is 18 and has special educational needs. She says that both she and her husband cannot bring her home from school as they are working. However, the Council’s appeals panel refused their appeal. They say this caused inconvenience and meant their older daughter was late for work as she drove her sister home from school.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by 'maladministration' and 'service failure'. I have used the word 'fault' to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. 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)

Back to top

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 made enquiries of the Council and considered the comments and documents the Council provided. I invited Mrs X and the Council to comment on my draft decision before I made a final decision.

Back to top

What I found

School transport

5. Section 508F of the Education Act 1996 requires local authorities to make transport arrangements they consider ‘necessary’ (or that the Secretary of State directs) to facilitate the attendance of relevant young adults at institutions where the local authority has secured the provision of education for the adult concerned. Relevant young adult means an adult who is under 25 for whom an EHC plan is maintained. (The Children and Families Act 2014, s.82)
6. When a council finds it is ‘necessary’ to provide transport for the young adult under s.508F then the transport must be free of charge (s.508F(4)).
7. If a local authority does not consider it ‘necessary’ to provide transport under 508F it may still choose to pay some or all of the reasonable travel costs under s.508F(8) or as social care provision under the Care Act.

What happened

8. Mrs X applied for school transport assistance for her daughter as she said she and her husband could not drive her to school and back due to work arrangements. The Council agreed to provide transport in the morning as both Mr and Mrs X were working. But it did not agree to provide transport in the afternoon because it said Mr X or Mrs X would be able drive or accompany their daughter on the journey home.
9. Mrs X pursued the matter to appeal. She provided further information evidence about her own and her husband’s working arrangements. She said that she was working and her husband could not travel to school to bring their daughter home and then get to work on time. However, the appeal panel decided that it would not uphold her appeal because it considered there was sufficient time available for Mr X to complete the journey. The Council did not consider it was necessary to provide travel assistance.
10. Mrs X complained to the Ombudsman that the Council’s decision was wrong.
11. However, after half a term she was able to get a vacant seat place for her daughter which means a Council contracted taxi brings her daughter home with other students requiring the service.
12. Mrs X pays an amount for this service which is less than the contribution for the Council’s transport assistance.

Analysis

13. I have not seen evidence the Council’s decision was affected by fault. I can see that relevant factors were taken into account. The Council is not at fault for considering the all the circumstances including the potential ability for Mr X to transport his daughter. While Mrs X disputes the details, it is a decision for the Council to make.
14. As there is no apparent fault in the decision, I cannot question the merits of the Council’s decision as I explain in paragraph 2.
15. Mrs X has also taken action to address the matter and used the vacant seat scheme. So, there is no ongoing injustice, even if I were to find there was fault by the Council.

Back to top

Final decision

16. I have not found fault by the Council. I have completed my investigation and closed the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman