Summary: Miss X complained about school transport provided to her daughter (Y) and the Council’s complaint handling. We found fault in the way the taxi company provided school transport for Y on behalf of the Council. We also found fault in the way the Council responded to Miss X’s complaints. The Council has agreed to apologise, make payments to recognise Miss X’s distress and extra time and trouble spent complaining and discuss the issues raised in Miss X’s complaint with the taxi company. It has also agreed to provide details of the measures taken to ensure improvements in the school transport service provided by the taxi company and to review its complaint handling.

The complaint

1. Miss X complains about the failure of a taxi company commissioned by the Council to provide satisfactory school transport for her daughter (Y). She says in the autumn term 2024 several times either the taxi company could not collect Y from her school or the journey proposed was more than twice as long as usual. On one journey Y’s return home was considerably delayed because a replacement driver could not find her way. Miss X also says the Council and the taxi company failed to respond or delayed their responses to her complaints.
2. Miss X says the failings to provide satisfactory school transport for Y meant that Y, who has special educational needs, at times had to wait up to 45 minutes to be driven home. At times Miss X had to collect Y from her school with no notice. This caused her significant inconvenience and distress. Miss X spent much time asking the taxi company and the Council to respond to her complaints.

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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 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)
4. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, sections 24A(1)(A) and 25(7), as amended).
5. When considering complaints we make findings based on the balance of probabilities. This means that we look at the relevant available evidence and decide what was more likely to have happened.
6. 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

7. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
8. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Council’s Education Transport Policy

9. The Council has a duty to transport eligible children to and from their main place of residence to their appropriate educational placement to allow attendance during normal school hours.
10. Where a child is entitled to transport under this policy, the Council will provide suitable transport and seek to ensure this is cost effective. The transport provided may take the form of a bus pass, train pass, seat on a contract vehicle e.g. hired bus or a minibus/taxi e.g. for children with special educational needs and disabilities. A fuel allowance may be provided in the circumstances described above.

What happened

Background

11. Miss X’s daughter Y has complex special educational needs and has been attending a special school which is around 40 minutes away from her home. The Council is maintaining an Education, Health and Care (EHC) Plan for her.
12. Y is eligible for school transport and the Council has been providing it through a commissioned taxi service. In this decision I will refer to this service as the taxi company.
13. Due to her special educational needs Y needs a specialist car seat and a personal assistant, who can help her during her school journeys.

School transport

14. In mid-September a driver who usually takes Y to and from her school told Miss X she would be away a week later. On the day when Y’s usual driver was unavailable the taxi company called Miss X after 3:00pm to tell her the names of a replacement driver and a personal assistant. As Y was to be driven in a different car Miss X was anxious to ensure that her car seat was fitted properly.
15. A few minutes later Miss X received a telephone call from the personal assistant. A school bus was already at Y’s school but Y’s car seat could not be fitted as the bus did not have required features. Miss X drove to collect Y from her school, in the meantime calling the school to let them know the arrangements and when they could expect her to arrive.
16. At the end of November 2024 Y travelled back home with her usual personal assistant but a new driver. The driver could not find the way to Y’s house. Y’s journey home lasted nearly an hour longer than it should. There was no communication with Miss X.
17. In the second week of December Y’s personal assistant told Miss X she would not be able to support Y in a few days’ time due to a medical appointment. On the day when the personal assistant was not available Y’s driver went off sick a few hours before the afternoon school journey. The taxi company did not tell Miss X about these changes. After finding out about the usual driver’s unavailability Miss X called the taxi company. She was told replacement staff had been secured. During another call 15 minutes later Miss X learnt this was not the case and she had to collect Y from school.
18. Later in December there was another incident when Miss X found out from Y’s usual driver she would not be working and had to contact the taxi company several times to establish whether the replacement staff would be available.
19. The Council paid Miss X mileage allowance for every journey made to take Y to school and bring her back.

Complaints

20. On the date of the incident in September Miss X complained to the taxi company. She copied the Council into this correspondence. Miss X said the taxi company failed to:
• read Y’s records before travelling to collect her from school;
• call Miss X to confirm details of the replacement crew at a reasonable time;
• send a suitable vehicle to collect Y;
• provide adequate communication.
21. Having received no response, at the beginning of November 2024 Miss X complained to the Council.
22. The Council responded ten days later. It said it had not been able to find any outstanding complaints from Miss X. The Council apologised for the inconvenience and stress caused to Miss X by sending a car without the required features. The Council explained the underlying problem was a nation-wide shortage of drivers. To assess any compensation it would need a list of the dates when the taxi company did not secure Y’s transport to school.
23. Miss X complained again in December. The Council responded a few days later with an apology. It said it was holding weekly performance meetings to discuss service delivery issues and remedial actions.
24. At the beginning of January 2025 the taxi company told Miss X that the exceptionally high level of its staff absences resulted in the difficulties in securing efficient school transport for Y at the end of December 2024.

Analysis

School transport

25. There is no dispute about Y’s eligibility for school transport and about the arrangements Y needs because of her complex medical needs. While the Council is entitled to commission its school transport services from private companies, it remains responsible for their actions. The Council must ensure school transport is suitable. The taxi company providing school transport for Y should comply with the arrangements agreed as being necessary to meet Y’s needs.
26. Several times in the autumn term of 2024 the taxi company either failed to secure the afternoon school transport for Y or the transport service was not acceptable. Although there might be situations when the taxi company cannot find available drivers and additional staff, it should have a system in place to mitigate the impact of these difficulties on parents.
27. In their dealings with Miss X the taxi company failed to:
• tell Miss X in advance about the forthcoming changes in staffing arrangements;
• ensure Y’s transport needs were known to any replacement staff;
• contact Miss X in a timely manner to tell her about its difficulties in arranging transport for Y and to discuss possible ways of resolving the situation.
28. Failings to provide adequate communication to Miss X and to share internally information about Y’s needs in relation to transport are fault. As explained in paragraph 24 the Council remains responsible for these failings.
29. The Council’s fault caused injustice to Y as at times she had to wait longer to be taken back home. On one occasion her journey was much longer than it should have been. If not for the taxi company’s failings it is more likely than not that at least some of this negative impact could have been avoided.
30. The Council’s fault caused injustice also to Miss X. Not knowing whether the taxi company would bring Y home from school meant she had to be ready to drive to school to collect Y. Miss X spent much time trying to contact the taxi company and asking it for information about the transport arrangements for Y. She was increasingly frustrated by the taxi company’s repeated failings.

Complaint handling

31. In our guidance notes “Principles of Good Administrative Practice” we have set up how councils should act when delivering their services. We expect councils to:
• put things right by operating an effective complaints procedure which includes offering a fair and appropriate remedy when a complaint is upheld. Councils should ensure the quality of investigation into a complaint is the same whether it is handled by the council or a contractor;
• seek continuous improvement by learning lessons from complaints and using them to improve services.
32. The taxi company and the Council failed to operate an effective complaint procedure. Miss X had to contact the taxi company and the Council multiple times to get responses to her complaints. Both the taxi company and the Council failed to address the issues raised in Miss X’s complaint. No commitments followed on what would be done to improve school transport services in the future.
33. The taxi company’s and the Council’s failure to effectively handle Miss X’s complaints are fault. This fault caused injustice to Miss X as she was distressed by the lack of accountability. She spent much time and effort drafting her complaints and was upset by the generic responses she received with no suggestions of service improvements.
34. The Council should ensure that the taxi company effectively handles complaints about its services commissioned by the Council. When the taxi company responds to any complaints, the Council should treat it as part of the two-stage complaint process rather than provide another response at stage one.

Service improvement

35. Responding to my draft decision the Council said it was aware of the taxi company’s failure to provide adequate school transport service for Y and other children. The Council has introduced a performance improvement plan and has been monitoring its delivery.

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Action

36. To remedy the injustice the Council caused to Miss X and Y, the Council should, within four weeks of the final decision:
1. apologise in writing to Y and Miss X. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
2. hold a meeting with the taxi company to discuss:
1. failings identified in this complaint;
2. improvements to communication with parents;
3. recording information about children so that it is available to any replacement staff;
4. its complaint handling process.

The Council will send us minutes of this meeting;

3. pay Miss X £100 to acknowledge her distress and inconvenience caused by the Council’s failure to provide suitable and timely transport to her daughter several times in autumn 2024;
4. pay Miss X £100 for the extra time and trouble caused by the Council’s failings with complaint-handling.

The total the Council will pay Miss X is £200. The Council will send evidence it has complied with the above actions.

37. Within three months of the final decision the Council should also:
1. provide a summary of the measures it has taken as part of the performance improvement plan for the taxi company; and
2. review its complaint handling process when the complaint is about an organisation or private company delivering services on the Council’s behalf to ensure the third party’s response forms part of the Council’s complaint process. The Council will also ensure when responding to these complaints it addresses the issues raised and offers suitable remedies including service improvements.

The Council should provide us with evidence it has complied with the above actions.

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Decision

38. I found fault causing injustice. The Council has accepted my recommendations, so this investigation is at an end.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman