Overview:

Key to names used

• Miss Y The complainant
• Ms X Her mother

Summary

The Council failed to decide if it was “necessary” to provide appropriate free transport to enable Ms X’s adult daughter, Miss Y, to attend the college named in her Education, Health and Care (EHC) Plan. It confused matters for adult learners, like Miss Y, who began their course after the age of 19, with the education transport rules for sixth form students. The Council’s amended Transport Policy 2024/2025 was not in line with the Education Act 1996 or case law for 19–25 year old learners with an EHC Plan. The faults caused Ms X avoidable frustration, avoidable time and trouble and uncertainty to her and Miss Y.

Finding

Fault found causing injustice and recommendations made.

Recommendations

Within one month

To remedy the injustice caused to Ms X and Miss Y, we recommend within one month of the date of this report the Council should:

• apologise and pay Ms X £500 to acknowledge her avoidable frustration and the avoidable time and trouble caused to her by the Council’s failings with Miss Y’s home to college transport and appeals process identified in this decision. We publish Guidance on Remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology we have recommended; and
• reconsider the transport application, taking into account its statutory duty to provide free transport to relevant young adults aged 19 or over where they decide it is “necessary” to do so to facilitate their attendance, providing a new decision and fresh appeal rights.

We also recommend that within one month of the date of this report, if the Council concludes it was necessary for Miss Y to receive transport, then the transport should have been free. If so, the Council will reimburse Ms X for the costs she and Miss Y incurred since September 2024. The Council will calculate the mileage costs when Ms X or Miss Y’s personal assistant transported Miss Y to or from College 1 from September 2024 until it puts free transport in place. It will also reimburse the money Miss Y used from her personal budget intended for her social care needs to employ someone to drive her Motability vehicle to college during the period. The Council may deduct the concessionary Zonal Personal Transport Budget (PTBZ) already paid to Ms X and refund her the difference to reflect the costs incurred on the occasions she transported Miss Y to or from College 1.

Within three months

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council has agreed to consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

We also recommend that within three months of the date of this report the Council should:

• review its procedure and provide training for stage one and stage two staff and appeal panel members for determining transport applications and appeals from adult learners 19-25 years old to ensure it is in line with the Education Act 1996, to ensure the Council decides whether transport is “necessary” and if it is necessary, transport is provided free of charge based on the individual circumstances of the young person; and
• ensure relevant Council Transport officers appropriately signpost applicants to 16-19 bursaries. This will only be included for students of this age range.

We have the power to make recommendations to remedy the injustice experienced by complainants and members of the public affected by fault we identify. (Local Government Act 1974 s 31(2B))

To remedy the injustice to those people who are also caused an injustice by the Council’s fault, we recommend within three months of the date of this report, it reviews all transport applications submitted since September 2025 for 19-25 year olds with EHC Plans that were successful and received a PTBZ. The review will determine if transport was “necessary” to facilitate their attendance at an education placement, and if so whether a PTBZ ensured the transport was free. It should action repayments and free transport as necessary.

Within six months

Within six months of the date of this report, we recommend the Council review and amend its Transport Policy and Post-16 Transport Supporting Statement to ensure it:

• clearly sets out the difference in its duties between sixth form and adult learners;

• includes a separate section for post-19 adult learners setting out its duties under the Education Act 1996; and

• makes clear what information it uses to calculate the costs to ensure transport is free of charge where it is considered “necessary” for relevant young adults with an EHC Plan.

We also recommend that within six months of the date of this report the Council will consider its duties under the Care Act 2014 so where applicable it supports disabled adults to attend post-19 education. Before the policy is changed, the Council will remind relevant staff, making decisions about 19-25 year old school transport arrangements, of the statutory guidance for this age group.

The Council has accepted our recommendations.

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