Summary: the Council was wrong to end Mrs M’s daughter G’s taxis to college at the end of the summer term in 2022. The Council should arrange taxis again and refund the money Mrs M has paid for taxis since the beginning of September.

The complaint

1. Mrs M complained the Council has stopped providing taxis for her daughter G’s college transport. The Council offered her a place on a minibus instead. Mrs M says the Education Transport Appeals Sub-Committee agreed the Council would provide taxis for the duration of her daughter’s time at college. Mrs M has paid for taxis herself since the beginning of term.

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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. Once 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:
• information provided by Mrs M;
• information provided by the Council;
• the Council’s Special Educational Needs and Disability Home to School Support with Travel Policy;
• Post-16 transport and travel support to education and training. Statutory guidance for local authorities published by the Department for Education in January 2019; and
• The Education Act 1996.
5. I invited Mrs M and the Council to comment on my draft decision.

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What I found

6. Mrs M's daughter, G, attends college for her post-16 education.
7. G has special educational needs. She is unable to travel independently.
8. The Council offered shared transport in a minibus at the start and end of each day.
9. Mrs M appealed because G's timetable means she does not need to be in college all day, every day and the shared transport would mean she could be unsupervised at college where she would be at risk because of her disability. Mrs M wanted the Council to arrange taxis instead.
10. The Council's Education Transport Appeals Sub-Committee agreed a personal budget for G's college transport in January 2022. The agreement was 'for the duration' of G's time at the college.
11. There appears to have been some confusion about the amount of the personal travel budget. Mrs M says the Education Transport Appeals Sub-Committee agreed a personal budget of £2,006 per year. Following the appeal, the Council wrote to Mrs M to say there had been an administrative error and the amount was £460 per year.
12. Mrs M appealed again. She said the personal travel budget offered by the Council would not cover the cost of G's transport.
13. Mrs M’s second appeal was successful. The Education Transport Appeals Sub-Committee agreed the Council would arrange taxis for G.
14. The Council arranged taxis from March to July 2022.
15. The Council stopped G's taxi transport at the end of term in July 2022.
16. Mrs M complained on 9 September 2022. The Council said the taxi was only for the previous school year and offered G a place on a shared minibus again instead.
17. Mrs M made a formal complaint on 13 September 2022. The Council said she should have re-applied for individual taxi transport.
18. Unhappy with the Council's response, Mrs M complained to the Ombudsman.

Education transport for young people of sixth form age

19. Councils must publish a statement specifying the arrangements they consider it necessary to make for the provision of transport or otherwise to facilitate the attendance of persons of sixth form age receiving education or training at specified institutions. (Education Act 1996, section 509AA)
20. ‘Sixth form age’ for transport purposes means:
• 16-19 year olds who started a course before their 19th birthday; and
• young people with Education, Health and Care (EHC) plans up to age 25 where they are continuing on a course started before their 19th birthday.
21. The statement should set out a process for parents (or pupils) to appeal against the Council’s decision.

The Council’s SEND Home to School Support with Travel Policy

22. The Council’s SEND Travel Policy says:
• personal travel budgets are voluntary (p.11);
• where travel assistance is agreed, it will normally continue during the agreed course of study until the end of the academic year in which the students 25th birthday occurs (p.16);
23. The Council has a two-stage appeals process. Stage one is a review by a senior officer. Stage 2 is review by an independent panel, the Education Transport Appeals Sub-Committee.

Consideration

24. The Council decided it was necessary to provide transport so G could attend college. The Council offered G a place on a minibus.
25. Mrs M appealed (twice) because the transport offered by the Council was not practical. The Education Transport Appeals Sub-Committee agreed the Council would arrange taxis for G.
26. The first appeal said a personal travel budget would be provided for the duration of G’s time at the college. This is in line with the Council’s policy which says travel will normally continue during the agreed course of study. The second appeal agreed to provide taxis rather than a personal travel budget. I have not seen the decision letter for the second appeal.
27. The Council said the Education Transport Appeals Sub-Committee ‘hoped’ G would be able to use the minibus for her second year at college. However, there have not been any changes in G’s circumstances. The Committee decided G’s circumstances justified providing taxis.
28. The Council was, therefore, wrong to end G’s taxis in July 2022 and offer G a place on a minibus instead. It also appears the Council was wrong to tell Mrs M she should have re-applied for transport for the current year. There is no requirement for parents, or pupils, to re-apply for post-16 transport in the Council’s SEND travel policy.
29. In response to my enquiries, the Council acknowledged the decision of the Education Transport Appeals Sub-Committee to provide transport for the duration of G’s time at college and agreed to provide transportation for G.
30. The Council contacted Mrs M straight away to make the necessary arrangements. Mrs M says the Council offered a personal travel budget, which she declined. She wants the Council to arrange taxis again as agreed at her second appeal.
31. She also says she has paid for taxis since the beginning of term and is out of pocket.

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Agreed action

32. We have published guidance to explain how recommend remedies for people who have suffered injustice as a result of fault by a council. Our primary aim is to put people back in the position they would have been in if the fault by the Council had not occurred.
33. I recommended the Council:
• arranges taxis for G in line with the decisions of the Education Transport Appeals Sub-Committee and its SEND travel policy;
• asks Mrs M for receipts for the taxis she has paid for since the beginning of term in September and refunds the costs she has incurred; and
• apologises for its mistakes.
34. The Council should provide us with evidence it has complied with the above actions. I recommend the Council arranges taxis straight away, and makes the refund and apology within one month of my final decision.
35. The Council accepted my recommendations.

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Final decision

36. I have ended my investigation as the Council accepted my recommendations.

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Investigator's decision on behalf of the Ombudsman