Summary: Mrs X complained the Council failed to consider her son’s circumstances when refusing his application for school transport assistance. There is conflicting evidence about whether the Council followed its policy, the Council failed to follow Government guidance and failed to explain its reasoning when writing to Mrs X to tell her its decision. An agreement to carry out a further appeal, apology, payment to Mrs X, changes to the Council’s transport policy and reminder to officers is satisfactory remedy.

The complaint

1. The complainant, Mrs X complained the Council applied a blanket policy of refusing to agree school transport under the two mile rule without considering her son’s circumstances.
2. Mrs X says because of the Council’s failures she has experienced anxiety and is having difficulty getting her son to college.

Back to top

The Ombudsman’s role and powers

3. 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)
4. 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)
5. 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

How I considered this complaint

6. As part of the investigation, I have:
• considered the complaint and Mrs X's comments;
• made enquiries of the Council and considered the comments and documents the Council provided.
7. Mrs X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

The statutory guidance

8. The Government has produced statutory guidance (statutory guidance) for councils to follow when considering school transport applications – ‘Travel to school for children of compulsory school age.’ For stage two appeals this says an independent appeal panel should consider the case.
9. Panel members should be independent of the original decision-making process but need not be independent of the local authority. They should have the knowledge, skills and experience to ensure the local authority complies with its statutory duties, that a balance is achieved between meeting the needs of parents and of the local authority, and that children are not placed at unnecessary risk.
10. The local authority should enable any parent that wishes to, to attend an appeal hearing, virtually or in person, to present their case. Where a parent does not wish or cannot attend a hearing, the panel should make its decision based on the parent’s written representations.
11. Within 5 working days of completing its consideration, the appeal panel should notify the parent in writing of the outcome of their review. They should explain:
• whether they have upheld the local authority's original decision;
• why they reached that decision;
• how the review was conducted;
• the factors considered in reaching their decision;
• which other agencies or departments were consulted as part of the review, if any.

The Council’s SEND Travel Assistance Policy for Post - 16 Young People

12. There is no automatic entitlement to free home to school or college transport once a young person is over compulsory school age. However, the Council offers a discretionary service to young people meeting the agreed eligibility criteria.
13. The Council’s SEND travel assistance team will decide whether a young person is eligible for travel assistance or not. They are also responsible for deciding what form of travel assistance should be offered based on individual needs, promoting independence, encouraging social inclusion and efficient use of resources.
14. The following will be considered when deciding which form of travel assistance to offer:
• Whether the young person has a physical or medical disability that rules out the use of suitable public transport - for example students who require specialist seating, harness, head restraints or other specialist facilities.
• If the young person is currently in receipt of travel assistance support from other sources, e.g. mobility allowance, direct payment and awards under the 16-19 bursary fund.
15. A panel of senior officers will consider stage two appeals.

What happened

16. Mrs X’s son has special educational needs (SEN) and an education, health and care plan (EHC Plan). Mrs X applied for transport for her son to attend a college placement he was to begin in September 2024. The Council refused Mrs X’s application but did not explain the reasons for its decision.
17. Mrs X appealed. The Council refused the first stage appeal as it did not consider Mrs X’s son met the criteria in the policy.
18. Mrs X submitted a further appeal. The Council wrote to Mrs X to explain it had refused the appeal as it was satisfied there was a walking route to the school within the statutory limit.

Analysis

19. Mrs X says the Council applied a blanket policy of refusing to agree school transport as her son’s college is less than three miles from her home. Mrs X says her son has SEN and she had explained why he could not walk to school and why there were no other transport options suitable for him. Mrs X says the Council failed to take those representations into account.
20. I can understand why Mrs X would believe the Council refused her application for school transport solely because of the distance between the college and her home. That is because when responding to the initial application for transport the Council did not explain why it had refused her application. When responding to the first stage appeal the Council only referred to the application failing to meet the requirements in its policy. Then, when responding to the stage two appeal the Council only referred to the walking distance between the home and school. It is therefore unsurprising Mrs X believes the Council failed to consider the representations she made. Failure to address Mrs X’s reasons for appeal when responding to her appeals is fault.
21. The Council has provided notes from its consideration of the stage one and two appeals which addresses the issues Mrs X raised in her appeal. However, there is some confusion about how the Council carried out the final stage of the appeal. The Council’s policy requires a panel of senior officers to consider stage two appeals. However, when writing to Mrs X following the stage two appeal the Council said its Director of Education and Inclusion had considered the appeal.
22. The Council has provided some notes from the three points at which it considered Mrs X’s application for travel assistance. For the second stage appeal those notes record the appeal was considered by two senior officers, although those officers are not named. Nor is that document dated. Given those points and as the letter to Mrs X telling her about the outcome of the appeal referred to the decision being made by a single officer, I cannot be satisfied the Council considered the stage two appeal in accordance with its policy.
23. In addition, the statutory guidance is clear councils should give parents/carers the opportunity to attend panel hearings. I have seen no evidence the Council gave Mrs X the opportunity to attend the appeal hearing. That is also fault.
24. As a result of the failures identified in this statement I am satisfied Mrs X is left with some uncertainty about whether the Council would have agreed transport assistance for her son had it followed the right process. As remedy for that I recommended the Council hold a further stage two appeal and give Mrs X an opportunity to attend if she wants to do so. I also recommended the Council apologise to Mrs X and pay her £100. The Council has agreed to my recommendations.
25. I further recommended the Council amend its policy on school transport to make clear parents/carers should be invited to the stage two appeal panel. The Council should then ensure that information is cascaded to officers who deal with school transport appeals. The Council should also remind those officers of the need to explain their decisions when responding to appeals, addressing the points the parents/carer made. The Council has agreed to my recommendations.

Back to top

Action

26. Within one month of my decision the Council should:
• arrange for a further appeal panel to consider Mrs X’s appeal and give Mrs X the opportunity to attend should she wish to;
• apologise to Mrs X for the distress she experienced due to the faults identified in this decision. The Council may want to refer to the Ombudsman’s updated guidance on remedies, which sets out the standards we expect apologies to meet;
• pay Mrs X £100;
• remind those dealing with school transport cases of the need to ensure parents/carers are given the opportunity to attend stage two appeal panel hearings should they wish to and that decisions following appeals should explain the Council’s reasoning, addressing the points the parents/carers have raised.
27. Within two months of my decision the Council should amend its school transport policy to make clear parents/carers should be given an opportunity to attend a stage two panel hearing to put their case in person.

Back to top

Final decision

28. I find fault causing injustice. The Council has agreed actions to remedy injustice.

Back to top

Investigator's decision on behalf of the Ombudsman