Summary: Mr X complained about the Council’s decision to refuse his child, Y, travel assistance to and from college. The Council was at fault. It failed to consider Y’s individual circumstances, their Education, Health and Care (EHC) Plan and disability when it made its decision and it did not properly explain to Mr X its reasons for refusing travel assistance. It did not follow its appeal process. Furthermore, the Council’s travel assistance policy for post-16 is unclear and its wait time for an assessment for independent travel training is not reasonable. The Council has agreed to apologise to Mr X and pay him £300 for the distress, frustration and uncertainty it caused him. It will also conduct a fresh stage two appeal. In addition, the Council will review and amend its policy, procedures, appeal records and decision letters to prevent a recurrence of fault.

The complaint

1. Mr X complained about the Council’s decision to refuse his child, Y, travel assistance to and from college. Mr X said Y has learning disabilities which affects their ability to independently travel. Mr X said it has caused the family distress and Y has struggled to attend college. Mr X wants the Council to reconsider its decision and provide Y with travel assistance.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
4. We may investigate matters coming to our attention during an investigation, if we consider that a member of the public who has not complained may have suffered an injustice as a result. (Local Government Act 1974, section 26D and 34E, as amended)
5. 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)
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

How I considered this complaint

7. I spoke with Mr X’s representative and considered information they provided.
8. I spoke with the Council and considered information they provided.
9. Mr X and the Council had the opportunity to comment on the draft version of this decision. I considered their comments before making a final decision.

Back to top

What I found

Sixth form age transport duty

10. The Education Act 1996 states councils have a duty to publish a transport policy statement setting out the transport arrangements they consider it necessary to facilitate attendance at education or training and the financial help available for:
• learners of sixth form age (aged 16-19 if they started the course before their 19th birthday); and
• learners with EHC Plans up to the age of 25 who started their programme of learning before their 19th birthday.
11. The overall intention of the sixth form age transport duty is to ensure:
• learners of sixth form age are able to access the education and training of their choice; and
• if support for access is requested, this will be assessed and provided where “necessary”.
12. The Act states it only requires councils to provide a transport policy statement. It does not require the provision of any transport, although such provision may be included in the arrangements which are specified in the policy statement.
13. The transport policy must include transport arrangements for learners with special educational needs and disabilities. The transport needs of young people with special educational needs and disabilities must be reassessed when the young person moves from compulsory schooling to post-16 education, even if they remain at the same educational setting.
14. Councils must exercise their power to provide transport or financial support reasonably, taking into account all relevant matters.

Appealing a decision

15. Councils must publish a complaints or an appeals procedure as part of its transport policy statement. The ‘Post-16 transport and travel support to education and training 2019’ statutory guidance says good practice suggests using a similar two-stage complaints process as for pre-16 appeals. The guidance for pre-16 appeals recommends a two-stage process which:
• at stage one should be reviewed by a senior officer; and
• at stage two should be reviewed by an independent appeal panel.

The guidance also states councils should enable any parent that wishes to, to attend an appeal hearing, virtually or in person, to present their case.

Statutory walking distance

16. Councils must consider the distance from home to school for a child of compulsory school age 8-16, when defining the distance that they might reasonably be expected to walk to access education and training. This is three miles. The statutory guidance states, councils can also consider this when defining the distance a young person (post-16) might reasonably be expected to walk to access education or training. Councils should consider factors such as the impact a learning difficulty or disability may have on the young person’s ability to walk this distance.

The Council’s travel assistance policy for post-16

17. The Council’s policy includes travel assistance for young people with special educational needs and disabilities, who may have an Education, Health and Care (EHC) Plan and who are over the statutory school age to access appropriate education and training.
18. The policy states the Council has no legal requirement to provide a young person beyond year 11 with travel assistance. The Council may at its discretion provide travel assistance to a young person in years 12, 13 and 14. The eligibility criteria includes if the young person:
• is a resident of the council area and are between the age of 16 and 19 years;
• has special educational needs or disabilities which may be identified in an EHC Plan or have other exceptional circumstances which affects their ability to use public transport;
• lives more than three miles away from their learning provider (by the shortest safe walking route); and
• lives less than three miles away from their learning provider and have exhausted all sources of available support such as free and discounted travel via public transport.
19. The Council’s SEND (Special Educational Needs and Disabilities) will decide whether a young person is eligible for travel assistance or not. The team is 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.
20. Where the travel assistance is offered by the Council, it may take one of the following forms:
• specialist transport where the Council will collect the young person from their home or the nearest point. This is offered to young people in exceptional circumstances with the greatest needs and who have no other transport option available to them;
• personal budgets or direct payments so the young person or parent/carer can arrange their own transport; or
• independent travel training to help the young person learn to travel independently including by public transport. This is usually a 10-12-week programme of one-to-one assistance and support which is tailored to the young person’s needs. The Council will need to complete an assessment first which determines whether the young person qualifies for independent travel training.

The Council’s education transport appeal process

21. If the Council refuses an application for travel assistance, the young person or parent/carer can appeal the Council’s decision. The Council has a formal stage two appeal process. A senior officer will review the initial decision at stage one and a panel of senior officers will review the decision at stage two of the process. At each stage of the appeal process, the Council will review the evidence available, the previous decision and whether it has correctly applied its policy.

Education, Health and Care (EHC) Plans

22. Some children and young people with special educational needs and disabilities will have an EHC Plan. The EHC Plan identifies a child’s education, health and social needs and sets out the extra support needed to meet those needs.

What happened

23. Y has a learning disability and has an EHC Plan. In September 2024, Y was due to start a two-year course at a post-16 specialist college for their education, Monday to Friday. Y lives less than three miles from their college. When Y was of compulsory school age, the Council provided Y with travel assistance in the form of a minibus to and from school.
24. In May 2024, Mr X applied to the Council for travel assistance to start from September 2024. In his application, Mr X said:
• Y does not know how to travel alone as they are not aware of directions and the risk of travelling; and
• Y would not be able to travel accompanied on public transport as they are not familiar with public transport. Y would also become anxious with any public transport disruption.
25. Later in May 2024, the Council wrote to Mr X and said, “your application has been considered and we regret to inform you that we are unable to agree to travel assistance, considering the information on the application and the distance between home and the educational setting as noted in the policy”. The Council provided Mr X with instructions on how to appeal its decision.
26. In mid-June 2024, Mr X wrote to the Council and said he wanted to appeal its decision at stage one. In support of his appeal, Mr X said:
• they do not have a car which they can use to take Y to and from college;
• he works daily and his wife takes their other child to and from school. Therefore, they cannot accommodate taking Y to and from college;
• they have no extended family who can help; and
• they cannot afford alternative travel arrangements.
27. The Council’s Travel Assistance Panel considered Mr X’s appeal. It wrote to Mr X later in June 2024 and upheld its initial decision. It said, “your application was refused due to failure to meet the requirement set out in our policy”. However, the Council made a discretionary decision to put Y on the waiting list for an independent travel training assessment.
28. Towards the end of July 2024, Mr X appealed the Council’s decision further at stage two of the process. In his appeal letter, Mr X asked the Council if it could provide Y with an escort who could travel with them to and from college on public transport. Mr X said Y would not be able to attend college without travel assistance from the Council.
29. The Council considered Mr X’s further appeal. The Council’s documents said:
• Y lived under three miles from their school which was their nearest qualifying school;
• Y did not have any special educational needs or disabilities which affected their mobility or ability to use public transport “(if accompanied?)”; and
• Y and their family had no circumstances which met the threshold for ‘exceptional circumstances’.
30. In August 2024, the Council wrote to Mr X and said its director had considered Mr X’s request and rejected his appeal. It said,
• “there is a walking route within the statutory limit even allowing for roadworks/disruption”; and
• “the information has been considered against the thresholds in the SEN Post-16 Travel Assistance policy”.
31. Mr X remained unhappy and complained to us. Mr X said he and his wife had been taking Y to college on a public bus however, it was causing Y to become anxious.
32. In May 2025, the Council offered Y travel assistance in the form of a minibus to and from college, to commence from May 2025 until the end of the academic year. The Council told Mr X he would need to apply for travel assistance again for the next academic year starting September 2025.
33. In response to my enquiries, the Council said:
• it decided it was reasonable for Y to travel the distance from their home to college which was within the statutory distance. However, it was Y’s family to decide whether they could travel unaccompanied;
• Mr X did not submit exceptional circumstances within his application. The Council generally does not consider work or childcare commitments as exceptional circumstances for it to provide travel assistance;
• Mr X did not attend any of the appeal hearings. The Council said at the time Mr X had appealed, it did not formally invite applicants to attend appeal hearings. However, it has now changed its policy so that it issues written invitations to applicants and said this information was available on its website;
• since it offered Y an assessment for independent travel training in June 2024, it had not yet been able to carry out the assessment. The Council said Y was number 15 out of 19 people waiting for an assessment. The longest wait time for an assessment has been two years. However, it also said there was no backlog of assessments. The Council said it informs parents/carers/young people the estimated wait time for an assessment. We do not have evidence of whether it told Mr X the estimated wait time for Y’s assessment. The Council added it had recently recruited more staff to help with carrying out the assessments;
• Y does not qualify for travel assistance. The Council’s offer of an assessment for independent travel training was not an actual offer of travel assistance. It said it offers an assessment for independent travel training to those who do not qualify for travel assistance such as specialist transport; and
• it recognised the Council did not follow its own policy in relation to appeals. This is because its director reviewed Mr X’s case at stage two of the appeal process instead of a panel. The Council said it realised this error when it conducted a review of appealed cases three months ago. As a result, the Council offered Y travel assistance for the remainder of the academic year.

Back to top

Findings

Mr X’s initial application

34. The Council told Mr X it refused his application because of the distance between Y’s home and the college and that it had considered its policy. It did not properly explain to Mr X’s its decision to refuse his application. The Council should have explained to Mr X which part of its policy it had considered in relation to the distance between Y's home and the college. This was fault.
35. The Council did not show how it had considered the affect of Y’s special educational needs in their EHC Plan or disability may have on their ability to walk this distance. This was fault.

Mr X’s appeals

36. In his stage one appeal application, Mr X provided the Council with circumstances which made it difficult for Y to travel to and from college without the Council’s travel assistance. The Council said it considered his application however it upheld its initial decision to refuse Y travel assistance. The Council referred to its initial reason for refusing Mr X’s application which was the distance but again, did not explain how it had considered other factors such as Y’s special educational needs in their EHC Plan or disability when refusing Mr X’s application. In addition, the Council did not explain how it had considered Y and their family’s individual circumstances. This was fault.
37. It also used its transport appeal panel at stage one, when its process was to have a senior officer to carry out the stage one appeal. This was fault and the Council has since realised its error.
38. The Council considered Mr X’s appeal at stage two and refused his application. The stage two was considered by a senior officer when it should have been considered by an appeal panel. This was fault and the Council has since realised its error. It has resulted in the Council providing Y with transport in a minibus from May to July 2025.
39. In its stage two consideration, the Council said Y did not have any special educational needs or disabilities which affected their mobility or ability to use public transport “(if accompanied?)”. Mr X had submitted his reasons why he felt the family could not accompany Y to sixth form, but the Council’s decision does not explain how it had considered this information. This was fault.
40. There is no evidence the Council decided whether Y was able to walk unaccompanied. The Council’s documents show the panel clearly questioned whether Y required to be accompanied, recording “(if accompanied?)”. It should have shown its consideration and explained whether it concluded it was reasonable for the family to accompany Y. This was fault.
41. The Council has since told me it was the responsibility of Y’s family to decide whether Y could travel unaccompanied or required to be accompanied. There is no evidence the Council considered Mr X’s view on Y travelling unaccompanied in its decision making at the time, as it must. This was fault.
42. In addition, the Council’s documents show it believed Y and their family had no exceptional circumstances which affected Y’s ability to travel to and from college without travel assistance. However, its policy does not provide examples of what circumstances it would consider as exceptional. The documents do not show how the Council considered Y and their family’s individual circumstances. This was fault.
43. Mr X did not attend the appeal hearings at stage one and two. The Council explained previously it did not officially invite applicants to attend hearings and accepted this was fault. It has since amended its process so that it does issue written invitations to applicants. It has also amended its policy which I have viewed. This is appropriate.

Independent travel training

In its stage one appeal response, the Council offered to place Y on the waiting list for an independent travel training assessment and this was at its discretion. The Council’s policy states where it has offered travel assistance to someone, it may include assistance such as independent travel training. However, in response to my enquiries, the Council said it offers independent travel training to those who do not qualify for travel assistance. This is fault as the Council’s policy states independent travel training is an offer of travel assistance. This causes unnecessary confusion and uncertainty. It should amend its policy and decision letters to be clear it is not an offer of travel assistance and instead, a helpful option when a young person does not qualify for travel assistance.

44. Y was on the waiting list for almost a year. They were number 15 out of 19 people waiting for an assessment. Considering Y’s course at the college is for two years and the Council said the longest someone has had to wait for an assessment has been two years, it was not reasonable for Y to remain on the waiting list for a long period of time. In addition, there is no evidence the Council told Mr X of the waiting time. The Council was at fault.
45. Furthermore, there are others on the waiting list and although the Council has said it does not believe it has a backlog of assessments to complete, it is not reasonable for someone to wait two years for an assessment. I note the Council has said it has recruited more staff to complete the assessments. This is appropriate.
46. The above faults caused Mr X distress, frustration and uncertainty.
47. We cannot question a council’s decision if it is taken properly, without fault. As there were several faults in how it considered Mr X’s application and subsequent appeals, it brings uncertainty as to whether the Council reached a sound and defensible decision. It is not our role to decide if Y should qualify for transport assistance, as that is the Council’s role after conducting the process in line with the statutory guidance and its policy. Therefore, I have recommended it retakes its decision.

Back to top

Agreed Actions

48. Within one month of the final decision, the Council has agreed it will apologise to Mr X and make him a symbolic payment of £300 for the distress, frustration and uncertainty the faults have caused him. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council will consider this guidance in making the apology.
49. Within one month of the final decision, the Council will conduct a fresh stage two appeal of Mr X’s case heard by a panel and invite Mr X to attend if he wishes. During the appeal, the Council will properly consider Y’s individual circumstances including their EHC Plan and record it has done so in its panel notes and decision letter. It should also consider whether it is appropriate and reasonable for Y to travel accompanied or unaccompanied the distance from home to college. If, following the new appeal:
• the Council decides to offer Y travel assistance, it will provide Mr X with a financial remedy in line with our guidance on remedies, for those occasions when the family had to transport Y to college from September 2024 to May 2025; or
• the Council’s appeal refuses to provide Y with travel assistance, it will write to Mr X and clearly explain its reasons why, specifically highlighting which part of its policy it has considered when making its decision and how it has come to a view on whether it is reasonable for the family to accompany Y on the journey.
50. Within three months of the final decision, the Council has agreed it will take action to review and amend its procedures, appeal records and decision letters. This is so it:
• clearly explains to applicants why it has refused to provide them with travel assistance so that applicants understand the reason for its refusal;
• ensures at all stages it records how it has considered the individual circumstances of an applicant/young person including an EHC Plan if applicable;
• ensures it informs an applicant if they/young person do not have exceptional circumstances which meets the threshold of having travel assistance;
• is clear on whether it is reasonable for the young person to travel the distance to and from an educational setting, accompanied or unaccompanied. If accompanied, the Council will show it has considered the family’s ability to accompany the sixth form student;
• complies with its policy so that stage one of an appeal is conducted by a senior officer and stage two is conducted by a panel.
51. Within three months of the final decision, the Council will also review and amend its travel assistance policy for post-16 so that it:
• explains independent travel training is not an offer of travel assistance; and
• provides examples of what exceptional circumstances it would consider when assessing an application for travel assistance.
52. The Council will provide us with evidence it has complied with the above actions.

Back to top

Decision

53. I have now completed my investigation. The Council was at fault. It has agreed to my recommendations to remedy the injustice caused and prevent a recurrence of fault.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman