Summary: Mr B complained that the Council delayed in arranging college transport for his son C and failed to inform him when the transport was cancelled on two occasions at short notice. We found the Council at fault and welcomed its offer to Mr B of £238 in mileage costs. The Council has agreed to pay an additional £250 to recognise the distress and time and trouble caused.

The complaint

1. Mr B complained that Essex County Council (the Council) failed to arrange transport for his son for the start of term on 8 September 2021, failed to inform Mr B that the arranged company could not provide transport on 15 September 2021 and further delayed in providing transport to college. The Council’s communication was poor throughout these events. Mr B and his son have been caused distress, inconvenience and time and trouble. The Council has refused to reimburse the costs (£892) which Mr B incurred and has only offered two weeks of mileage costs amounting to £158.

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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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’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

4. I have considered the complaint and the documents provided by the complainant, made enquiries of the Council and considered the comments and documents the Council provided. Mr B and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

5. Mr B’s son, C, has disabilities and required transport to college. Mr B applied for transport in February 2021, but he did not know which college C would be attending. The Council says the application form made clear that applicants had to pay the post-16 transport fee by 23 July 2021 to ensure transport could be arranged for the start of the autumn term.
6. On 6 July 2021 Mr B informed the Council which college C would be attending. On 14 July 2021 the Council asked for some further details. Mr B provided some of these on 16 July and the rest on 26 July 2021.
7. The Council sent a request or the fee on 28 July 2021. The letter said Mr B should call the number provided to make payment over the telephone. Mr B asked for bank details and made the payment on 2 August 2021. The Council confirmed the transport award on 18 August 2021.
8. On 6 September 2021 the Council informed Mr B that a provider would be transporting C to college from 8 September 2021. On the morning of 8 September 2021, the provider informed Mr B that it did not have a suitable vehicle available. On 10 September 2021 the Council apologised for the problems and informed Mr B that another provider would start on 16 September 2021.
9. On 15 September 2021 the second provider said they could not do it. Mr B complained to the Council about the lack of transport and asked for a reimbursement of the costs of paying for transport himself (£892). The Council sourced another provider on 21 September 2021 and offered Mr B mileage costs for two weeks (£158). Mr B declined the offer.
10. The Council provided transport from 29 September 2021.
11. Mr B complained again about the lack of transport from the start of term and said the Council was wrong to blame him for the failure for not paying the fee by 23 July 2021. He said, despite the late payment, the Council found a transport provider, but poor communication meant the correct vehicle was not available. He also said the Council gave him no notice that the transport was not available.
12. The Council responded in November 2021 maintaining its previous response that Mr B had not paid the fee in time so the Council could not guarantee transport. It repeated its offer of two weeks mileage. Mr B complained to us in December 2021.
13. In response to my enquiries the Council has increased its offer to cover 15 college days between 8 and 29 September 2021 when transport was not available, amounting to £238.

Analysis

14. I accept Mr B was late paying the post-16 transport fee which meant the Council could not guarantee transport by the start of the autumn term. The Council could have provided a reminder during the correspondence between 6 and 26 July 2021 regarding the details of C’s placement, but I accept it had already provided this information in the application form and there was no requirement to do more. I also note the details of how to pay the fee were provided in the Council’s letter of 28 July 2021.
15. Despite the delay, the Council found a provider who was willing to start on 8 September 2021, which would suggest that Mr B’s delay did not prevent the transport starting on time. Mr B said the first provider cancelled at short notice because they had no wheelchair accessible vehicles available. I do not know if this was due to poor communication by the Council or an error by the provider, but it was fault and it caused Mr B and C distress and inconvenience.
16. The second provider also pulled out at the last minute which was fault and caused similar distress to Mr B and C.

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Agreed action

17. C was without transport for 15 college days and the Council has offered a fuel allowance of £238. I welcome the offer, but I note Mr B paid £892 for transport during that period. I consider the Council has not recognised the frustration and inconvenience of the transport being cancelled at the last minute on two occasions and the significant costs he incurred.
18. So, I recommended, within one month of the date of my final decision, the Council should pay Mr B an additional £250 for the injustice he experienced.
19. The Council has agreed to my recommendation.

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Final decision

20. I consider this is a proportionate way of putting right the injustice caused to Mr B and I have completed my investigation on this basis.

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Investigator's decision on behalf of the Ombudsman