Summary: We will not investigate Ms X’s complaint about delay in arranging suitable transport to college for her grandson. This is because the Council has agreed to an appropriate remedy for the injustice caused.

The complaint

1. Ms X complained the Council delayed in arranging suitable transport to college for her grandson (Mr Y). This meant Ms X had to take Mr Y to college causing frustration and inconvenience. Ms X also complained about poor communication from the Council.

Back to top

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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

Back to top

My assessment

7. Mr Y has an EHC Plan. Ms X asked the Council to provide Mr Y with post-16 transport to college. The Council’s policy is to provide transport within 20 working days of the application date. In this case the Council took nine weeks to arrange suitable transport meaning Ms X had to transport Mr Y to college. Ms X says the Council’s communication during this time was poor.
8. The Council has accepted it took too long to arrange the transport and has reimbursed Ms X’s costs. It apologised and accepted its communication could have been better. Suitable transport is now in place.
9. The remedies offered by the Council are in line with those in our Guidance on Remedies. But to recognise the frustration and inconvenience caused to Ms X we asked the Council to make a payment of £200. The Council has agreed and should make the payment within four weeks of this decision statement.
10. The Council has agreed to suitable remedies to address the injustice caused and so we will not investigate.

Back to top

Final decision

11. We will not investigate Ms X’s complaint because the Council has offered suitable remedies for the identified injustice.

Back to top

Investigator's decision on behalf of the Ombudsman