Summary: Mrs Y complains that her child, whom I will call D, received unsafe home‑to‑school transport arranged by the Council. The Council has accepted there was fault in the transport provided on two occasions and has apologised and implemented service improvements. In addition to the actions already taken, the Council has agreed to reimburse Mrs Y for mileage incurred while she transported D and make a symbolic payment for the distress caused.

The complaint

1. Mrs Y complains the Council did not provide appropriate home-to-school transport for her child, leading to two safety incidents in May and June 2025.
2. Mrs Y complains that these incidents caused significant injustice which the Council has not provided an appropriate remedy for.

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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. 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(1), as amended)

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How I considered this complaint

5. I considered evidence provided by Mrs Y and the Council as well as relevant law, policy and guidance.
6. Mrs Y and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

What happened

7. Mrs Y has a school aged child with physical disabilities and special educational needs (SEN). I will refer to them as D. To get to school safely, D receives transport arranged and funded by the Council.
8. In May 2025 D had a new seat harness to ensure their safety when travelling to and from school. Staff reportedly had trouble when trying to get D into the harness safely. On one occasion, D returned home with marks on their skin caused by the harness and seat belt which had been placed across D’s neck.
9. On a second occasion in June 2025 D was transported home in the improperly fitted harness. Staff reported that D had slumped during the journey.
10. Mrs Y complained to the Council. The Council responded and in summary said:
• The Council expressed its sincere apologies for the failings in its duty of care to ensure D received safe home to school transport on two occasions.
• The initial investigation after the first incident showed that D’s Passenger Assistant (PA) had not followed the correct procedure and was therefore removed from the route to complete further training. In the meantime, the Council provided a different PA.
• The failures arose from a combination of issues including the PA failing to communicate with the driver and trying to manage the situation themselves.
• The second incident happened when D slumped in their seat, despite the correct use of the harness, which caused the seat belt to move and tighten around their neck.
• Following further investigation, the Council found that staff had not followed D’s Transport Management Plan (TMP) and had not communicated properly with Mrs Y. The bus did not meet the requirements of D’s seating plan which meant that D was not next to an empty seat which reduced their ability to weight bear and increased the chances of twisting or pulling on the harness and belt.
• The Council agreed to use a different vehicle to meet the requirements of D’s TMP. However, Mrs Y had lost confidence in the Council and decided to transport D to school whilst the Council concluded its investigations.
• The Council provided assurances that this would not happen again. It outlined several improvements, including:
1. If there are times when the regular vehicle needs to change, the Council will inform Mrs Y of any such changes.
2. If the Council cannot facilitate an empty seat next to D, it will offer solutions to minimise the risk to D.
3. The Council has updated D’s TMP to state the vehicle must stop if D is not positioned correctly in their seat. The PA must then re-position D before the journey continues. If this is not possible, the PA or driver must contact the office for assistance.
4. Staff will record the time and location of any stops undertaken and to ensure they report the stops to their supervisor to allow for monitoring of the situation.
5. Relevant staff will undertake mandatory ‘Health and Safety and Safeguarding’ training. This includes all new starters and existing staff. The training will also cover the correct use of harnesses.
11. Following the second incident, Mrs Y spoke with the Council and arranged to transport D to school herself because she had lost trust in the capability of staff to transport D safely. Mrs Y transported D between 2 June and 22 June and 27 June and 11 July 2025.

Was there fault causing injustice to Mrs Y and D?

12. The Council has already acknowledged there was fault in the way D received transport on two occasions in May and June 2025. It has since implemented several changes to the way it provides services to D to mitigate any future risks. I have reviewed D’s updated Transport Management Plan, and I am satisfied that these changes are properly reflected in the plan. The Council has also issued an apology for the failings identified.
13. Mrs Y understandably seeks assurances that this will never happen again. However, the LGSCO cannot make such guarantees. Our role is to assess the injustice arising from the fault found and to recommend a remedy that is proportionate to that injustice. We cannot require a council to promise that no further issues will ever arise.
14. In addition to the apology already provided, the Council has agreed to make a symbolic payment of £200 to recognise the distress caused by the discomfort experienced by D during the two journeys, and the associated distress caused to Mrs Y. The Council will also reimburse the mileage allowance incurred by Mrs Y when she transported D herself in June and July 2025.

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Action

15. Within four weeks of our final decision, the Council has agreed to:
• Make a symbolic payment of £200 to Mrs Y. This is in addition to the apology already provided and in recognition of the avoidable distress caused by the two incidents referred to in this statement.
• Pay a personal transport budget for the period when Mrs Y transported D to school. The payment made should be in line with what other families would receive who elect to transport their children. The payment to Mrs Y should be based on the Council’s published allowance, pro rata for the portion of the academic year when Mrs Y undertook the journeys. This is further halved as the Council was still providing a service in the morning. This Council calculates the allowance to be £280.56.
16. The Council will provide us with evidence it has complied with the above actions.

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Decision

17. I find fault causing injustice. The Council will implement the recommended actions to remedy the injustice caused by fault.

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Investigator's decision on behalf of the Ombudsman