Summary: We will not investigate Mrs X’s complaint about post 16 home to school transport. We are unlikely to achieve a significantly different remedy than already offered.

The complaint

1. The complainant, whom I shall call Mrs X, says the Council should not have withdrawn home to school transport and has imposed an unreasonable charge.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating; or
• any fault has not caused injustice to the person who complained; or
• any injustice is not significant enough to justify our involvement; or
• we could not add to any previous investigation by the organization. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Y has an Education Health and Care Plan (EHC Plan). Mrs X is Y’s mother. The EHC Plan names Setting Q for Y’s education. Y is over 16.
7. Y received home to school transport for the academic year 2022/23. In August 2023 Mrs X discovered the Council had cancelled transport for 2023/24. At the end of August 2023, the Council emailed Mrs X. It told her it would reinstate this transport but she needed to pay an amount due for the previous year and the fixed payment contribution for this year in line with its policy. Ms X refused to do so. She complained to the Council.
8. The Council replied at stage one of its complaints’ process in November 2023 and stage two in early January 2024. It:
• agreed to waive the amount owing for the previous year;
• provided free transport for the last two weeks of the Autumn term;
• allowed Mrs X to reclaim mileage costs incurred; and
• apologised for delays.

The Council’s policy

9. There is no requirement for councils to provide free or subsidised post-16 travel support. The law imposes a duty to publish a transport policy statement setting out the transport arrangements they consider it necessary to facilitate attendance at education or training. The policy must include transport arrangements for young people of sixth form age with SEND.
10. The Council has a detailed post-16 travel assistance policy for young people including those with SEND (the Policy). Among other conditions, the Policy states that:
• a young person may be eligible for travel assistance if they have SEND which may be identified in an EHCP;
• support for those eligible will attract a fee (currently £785) for each academic year;
• the charge may be reduced in certain circumstances;
• travel assistance arrangements will only be provided upon receipt of payment of the relevant charge;
• a young person will not be eligible if the travel charge is not paid.

Analysis

11. The Council’s contribution requirement is in line with its policy.
12. If Mrs X had provided the needed information following the Council’s email at the end of August 2023, then Y may have missed one week’s home to school transport.
13. It is unlikely our investigation would result in an outcome which is significantly better than the Council has already offered as set out in paragraph eight above.

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Final decision

14. We will not investigate Mrs X’s complaint because it is unlikely our investigation would achieve a significantly different remedy than already offered.

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Investigator's decision on behalf of the Ombudsman