Overview:

Key to names used

• Ms X The complainant
• Mr Y Her son

Summary

Ms X complained the Council refused to cover transport costs for her son, Mr Y, to attend college and delayed considering her appeal, causing financial loss and distress.

Finding

We have found fault causing injustice and made recommendations.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

To remedy the injustice caused we recommend, within three months of the date of this report, the Council:

• provides Ms X with a further apology;

• pays Ms X £2,632.50 to reimburse fuel costs;

• pays Ms X £500 for distress and uncertainty;

• pays Ms X £300 for time and trouble;

• amends its stage 1 letter template to include information on how to escalate to stage 2;

• amends its stage 2 letter template to include a referral to us;

• amends its Post 16 transport policy to ensure it addresses its adult duty correctly and to ensure its appeal process is in line with statutory guidance; that is to:

  1. make clear that where it decides it necessary to make transport arrangements for adults or relevant young adults with an EHCP under section 508F of the Education Act 1996, such transport will be free of charge;

  2. remove any requirement to pay a charge or contribution where s508F applies;

  3. allow for a hearing with verbal representations at stage 2 of the appeal process;

  4. signpost to the Ombudsman.

• provides training/guidance to those staff responsible for school transport on its new policy and reminds them to give clear evidence-based reasons for decisions; and

• amends its processes to ensure it can access records of school transport decisions even if decision-makers leave the Council.

The Council has accepted these recommendations.

Ombudsman satisfied with Council's response: 30 August 2023.

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