Summary: On behalf of her son, Mr X, Mrs Y complained the Council failed to fully reimburse the costs of home to school transport. We find the Council at fault for failing to document its consideration of reimbursement costs. This caused Mr X and Mrs Y distress, frustration and uncertainty. To remedy the injustice caused, the Council has agreed to reimburse two return journeys for the period between September 2024 and January 2025.

The complaint

1. On behalf of her son, Mr X, Mrs Y complained the Council has failed to fully reimburse the costs of home to school transport miles following an Ombudsman decision that Mr X should be provided with home to school transport. Mrs Y told us this caused distress and uncertainty for Mr X and distress, frustration and financial implications for the family. Mrs Y would like the Council to reimburse the full mileage for two, daily home to school trips between September 2024 and January 2025.

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The Ombudsman’s role and powers

2. 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 recommend a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. 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

4. I considered evidence provided by Mrs Y and the Council as well as relevant law, policy and guidance.
5. 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

Legal and administrative background

Statutory guidance

6. Under sections 508F and 508G of the Education Act 1996, Council’s have a duty to make arrangements for the provision of transport for relevant young adults with an Education, Health and Care Plan for the purpose of facilitating their attendance at institutions where they are receiving education or training outside the further and higher education sectors.
7. The duty only applies where the Council has secured the provision of education or training at that institution.
8. Where the Council makes such arrangements, any transport provided must be free of charge.

Council policy

9. The Council has a published home to school transport policy for post-16 learners which sets out the eligibility criteria and transport options for eligible learners.
10. The policy states that where a learner is eligible, the first option for transport will be mileage reimbursement if the learner’s parent/carer is able to provide transport. The policy states mileage will be reimbursed at 45 pence per mile. The policy does not specify that mileage reimbursement should be restricted to one return journey per day.

What happened

11. In 2024, Mrs Y complained to the Ombudsman about the Council’s decision to withdraw home to school transport for Mr X.
12. The Council agreed to resolve the complaint by considering the matter at stage two of its transport appeal process.
13. Following further consideration, the Council agreed to provide Mr X with home to school transport and reimburse costs for one return journey per day between September 2024 and January 2025.
14. Mrs Y wrote to the Council to explain the family had completed two return journeys per day between September 2024 and January 2025 to ensure Mr X was still able to access learning when the Council withdrew his home to school transport. Mrs Y asked the Council to provide full reimbursement for both daily return journeys.
15. The Council explained it had agreed to reimburse one journey per day in line with its transport policy.
16. In response to our enquiries the Council told us it does not typically keep notes from transport appeals. The Council has not provided any evidence which shows how it considered its offer of one return journey a day was reasonable in Mr X’s case or how it was in line with its post-16 home to school transport policy. This is fault which causes Mr X and Mrs Y distress, frustration and uncertainty.
17. The Council has confirmed it will reimburse 2 return journeys per day between September 2024 and January 2025.

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Action

18. Within one month the Council will:
• Apologise to Mr X and Mrs Y for the faults identified. 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 its apology.
• Reimburse the cost of Mr X’s home to school transport between September 2024 and January 2025. This should include reimbursement for two daily return journeys per day.
• Ensure all home to school transport appeal considerations are documented with clear reasoning for any decisions made.
19. The Council should provide us with evidence it has complied with the above actions.

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Decision

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

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Investigator's decision on behalf of the Ombudsman