Summary: Mrs X complained the home to school transport arranged by the Council did not wait long enough for her grandchild Y and that it was not meeting Y’s needs. The Council already accepted fault as the transport did not consistently wait the agreed ten minutes for Y. It apologised and made a payment to Mrs X for the time and trouble this caused. This was a suitable remedy. There was no evidence of other fault.

The complaint

1. Mrs X complained about the home to school transport provided to her grandchild Y, who has special educational needs. Mrs X complained the taxi provided did not wait long enough for Y and often failed to wait even the agreed ten minutes for Y to be ready. Mrs X wants the Council to acknowledge Y’s medical conditions and for the taxi to wait as long as necessary. She also wants the Council to provide Y with their own transport and for the transport to be provided by a consistent taxi driver and passenger assistant.

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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 significant injustice, or that could cause injustice to others in the future 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 information provided by Mrs X and have discussed the complaint with her on the telephone. I have considered the Council’s response to my enquiries.
5. I gave Mrs X and the Council the opportunity to comment on a draft of this decision. I considered any comments I received in reaching a final decision.

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What I found

Relevant law and guidance

6. Local authorities must make suitable home to school travel arrangements as they consider necessary for ‘eligible children’ of compulsory school age to attend their ‘qualifying school’. The travel arrangements must be made and provided free of charge.
7. The statutory guidance (Travel to school for children of compulsory school age) says that ‘some children may find change distressing and benefit from having consistency in their travel arrangements wherever possible. Where a change to travel arrangements is planned, time to get used to the idea of a new route or vehicle, or an opportunity to meet a new driver or passenger assistant may be helpful’.

What happened

8. In January 2022 Y started attending a special school and Mrs X applied for school transport. On the form she set out Y’s health conditions which meant Y may need the toilet urgently and was not able to wait. She also explained Y’s anxiety meant they needed a regular, safe person on the journey who Y could trust.
9. The Council agreed to provide Y with school transport in a shared taxi with a passenger assistant. It noted Y would go to the toilet before getting in the taxi and that Y needed consistency so they could build up trust with adults on the transport, as Y was reluctant to engage with unfamiliar people.
10. Y was originally assigned a taxi with two other pupils. However, one of these pupils, Z, initially started at a later time and so was collected separately. If Y was not ready when the taxi arrived it would call back when it collected Z. The Council was not aware of this.
11. In September 2022 Z started to attend school earlier and so the later taxi was terminated. Around this time Mrs X raised concerns with the Council. She reported that Y’s anxiety was preventing them attending school. She believed the taxi was not waiting for as long as Y might need, which was contributing to the problem. If Y was not ready on time or within a 10 minute window the taxi would leave.
12. An officer spoke with Mrs X in October 2022. They noted changes to the driver and passenger assistant made Y nervous. Mrs X wanted a taxi to collect Y when they were ready or a solo taxi who would wait as long as necessary. The Council agreed a 10 minute waiting time could be added. It emailed the taxi firm which confirmed it would wait 10 minutes before leaving.
13. In February 2023 Mrs X complained to the Council that the taxi was not waiting the full 10 minutes. She was also concerned the passenger assistant had limited command of the English language which made it difficult for Y to communicate effectively. Mrs X refused to use the taxi service whilst her complaint was considered and the Council agreed to pay her an allowance to take Y to school during this time.
14. In late March the Council told Mrs X it had amended Y’s transport so that only Y and Z would be transported in the taxi. The taxi company confirmed to the Council it was allowing a 10 minute wait time.
15. The Council responded to Mrs X’s complaint in early April 2023. It said it had considered the evidence but Y’s condition appeared to be managed well and there was no evidence that when Y travelled to school they had an issue. It accepted the adjustment of a 10 minute wait by the taxi operator had been inconsistent and apologised for this. It said there were occasions when the taxi had not been able to wait as required but also that Mrs X had requested that the operator stop collecting Y every day. It added the operator was fluent in English. It did not agree to provide Y with solo transport but confirmed a 10 minute wait time would be applied and that Y could be collected first or last depending on which would be best to allow Mrs X the opportunity to get Y ready for school. It offered Mrs X £150 for her time and trouble.
16. In January 2024 another child from around the same area where Y lived needed transporting to the same school. The Council says it spoke with the school who suggested this child travel with Y as Z was no longer attending. The Council says this was communicated to Mrs X by the taxi company. Y refused to use the taxi.
17. Mrs X spoke to the Council who asked if there was another pupil Y would rather share with as there were several pupils being transported by taxi who attended the same school. Y suggested a pupil and the Council agreed to alter the arrangements and informed the parents and school. The new arrangement commenced in February 2024.
18. In response to my enquiries the Council says Y had a 14% unauthorised absence rate. It said the school reported this included school refusing and not being ready for the transport. It had no specific evidence this was linked to Y’s medical needs.

Findings

19. The Council has provided Y with school transport. When Mrs X first raised concerns about Y needing extra time in the mornings the Council agreed to a 10-minute wait time to meet Y’s needs. This was appropriate. Neither Mrs Y nor the school have provided specific information to the Council to suggest that Y consistently requires a longer wait time to meet Y’s medical needs or that Y is unable to share transport. The Council is not at fault for providing shared transport or for limiting the wait time to 10 minutes.
20. When Y first started at the school the taxi company provided some flexibility as it would return to collect Y when collecting Z. Y benefited from this arrangement, but it was no longer available when Z started to attend school earlier in the day and the Council was not at fault for stopping it.
21. The Council, in its complaint response to Mrs X, accepted the taxi company had not applied the 10 minute wait time consistently. It apologised to Mrs Y and paid her £150 to acknowledge the time and trouble this caused her. This was appropriate. It also contacted the taxi company to confirm it was allowing this wait time.
22. In January 2024 the Council changed the arrangements so a different pupil travelled with Y. The taxi company advised Mrs X of this and she raised her concerns with the Council. In line with the statutory guidance, it might have been good practice for the Council to have discussed this with Mrs X before instigating the changes. However, when Mrs X raised concerns about this, the Council sought Y’s view on which pupil Y would prefer to travel with and changed the transport arrangements accordingly. This was an appropriate way to resolve her concerns.

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Final decision

23. I have completed my investigation. The Council was at fault and it has already remedied the injustice this caused.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman