Summary: Mr X complained the Council failed to inform him about its home to school transport policy and his right to apply for travel assistance when his son, Y, moved into the area. We find the Council at fault for a delay in processing Y’s Education, Health and Care Plan paperwork once he moved into the Council’s area. This caused distress, frustration and uncertainty for Y and Mr X. The Council has agreed to apologise and make a symbolic payment to remedy the injustice caused.

The complaint

1. Mr X complained the Council failed to inform him about its home to school transport policy and his right to apply for travel assistance when his son, Y, moved into the area. Mr X told us that, as a result, there has been a severe financial impact and he feels abandoned, anxious and powerless. Mr X also told us the Council’s actions have damaged his family’s wellbeing and stability. Mr X would like the Council to apologise, reimburse his travel costs and make a symbolic payment.

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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. 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)
4. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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How I considered this complaint

5. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
6. Mr X 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

Education, Health and Care Plans

7. A child or young person with special educational needs may have an Education, Health and Care (EHC) Plan. This document sets out the child’s needs and what arrangements should be made to meet them. The EHC Plan is set out in sections. We cannot direct changes to the sections about their needs, education, or the name of the educational placement. Only the Tribunal or the council can do this. 

Transfer of EHC Plan between councils 

8. Where a child or young person moves to another council, the ‘old’ council must transfer the EHC Plan to the ‘new’ council. The new council must make sure the provision in the EHC Plan begins on the day of the move or within 15 working days of becoming aware of the move if this is later. The new council must review the EHC Plan either within 12 months of it last being reviewed or three months of the date of the transfer, whichever is the later date. (Section 15 Special Educational Needs and Disability Regulations 2014)  

Home to school transport

9. Local authorities must make suitable home to school travel arrangements as they consider necessary for ‘eligible children’ of compulsory school age to attend their ‘qualifying school’. The travel arrangements must be made and provided free of charge. The relevant qualifying school is the nearest school with places available that provides education appropriate to the age, ability and aptitude of the child, and any special educational needs the child may have. ‘Eligible children’ include:

• children living outside ‘statutory walking distance’ from the school (two miles for children under eight, three miles for children aged eight and above);
• children living within walking distance of the school but who cannot reasonably be expected to walk to school because of their special educational needs, disability or mobility problem;
• children living within walking distance of the school but who cannot walk to school because the route is unsafe; and
• children entitled on low-income grounds. (Education Act 1996, 508B(1) and Schedule 35B)

10. Councils should have an appeals process in place for parents who wish to appeal about the eligibility of their child for travel support.
11. The statutory guidance recommends councils adopt the following appeals process:

• Stage 1: review by a senior officer. Within 20 working days of receiving a parent’s written request to appeal the decision, a senior officer reviews the original decision and sends the parent a detailed written notification of the outcome of the review setting out the nature of the decision, how the review was conducted, what was taken into account, the rationale for the decision reached, and how to escalate their case to stage 2; and
• Stage 2: Within 40 working days of receipt of the parent’s request, for an independent appeal panel to consider written and verbal representations, a detailed decision is sent setting out: the nature of the decision reached; how the review was conducted; what factors were considered; the rationale for the decision reached; and information about appealing to us.

(Department of Education, Travel to school for children of compulsory school age statutory guidance 2023, Part 5)

What happened

12. Y had an EHC Plan first issued by the old Council in September 2019.
13. Mr X told us Y moved to the new Council area in March 2024. Mr X has provided evidence the old Council informed the new Council of Y’s move at the end of May 2024.
14. In accordance with the Special Educational Needs and Disability regulations 2014, the Council should have ensured Y was receiving the special educational provision set out in his Plan by the third week of June 2024.
15. The Council did not process Y’s move in paperwork until the second week of October 2024. The Council issued an EHC Plan for Y in November 2024.
16. The final Plan issued to Mr X in November 2024 contained details about the Council’s local offer. The local offer includes details of the Council’s home to school transport policy.
17. In March 2025 Mr X applied for home to school transport for Y.
18. The Council responded the following day to confirm it had considered Mr X’s application and determined Y was eligible for home to school transport.
19. Y’s transport started the following week.
20. In May 2025, Mr X applied to secure Y’s home to school transport for the next academic year. The Council responded the following day to confirm Y’s eligibility.
21. In June 2025, Mr X wrote to the Council to request it reimburse the cost of Y’s home to school travel between May 2024 and March 2025.
22. The Council responded to Mr X’s request to explain Y was only eligible for transport following the Council’s assessment of Mr X’s application in March 2025. As Mr X did not apply before this date, Y was not considered eligible for home to school transport prior to March 2025. The Council refused to provide Mr X reimbursement and provided an appeal form.
23. Mr X submitted a stage one appeal. The Council considered Mr X’s appeal and upheld its initial decision.
24. Mr X submitted a stage two appeal which the Council considered. The Council maintained its view that Mr X could have applied for transport sooner and that, as Mr X did not apply until March 2025, this is the date from which Y was eligible.

My findings

25. There was a delay of approximately 5 months in the Council processing Y’s move in paperwork. This delay is fault which caused Y and Mr X distress, frustration and uncertainty.
26. There is no evidence of fault in the Council’s decision to provide Y with home to school transport from March 2025. The Council considered Mr X’s application swiftly and put suitable arrangements in place within one week.
27. There is no evidence of fault in the Council’s consideration of Mr X’s request for reimbursement of travel costs. In making its decision, the organisation took account of the relevant guidance, information from Mr X and its own policies. The Council followed the appropriate procedures when making this decision and I cannot therefore criticise it.

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Action

28. Within one month of the final decision the Council will:
• Apologise to Mr X for the injustice caused by 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.
• Make a symbolic payment of £200 to Mr X in recognition of the distress, frustration and uncertainty caused by the delaying in processing Y’s Education, Health and Care Plan.

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Decision

29. 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