Summary: Ms X complained the Council failed to advise of her daughter’s entitlement to personal assistant support for school transport, so Ms X accompanied her causing distress, impacting her health and financial loss. The Council has accepted it was at fault. And agreed to backdate personal assistant payments to Ms X, make a payment for lost education to Ms X’s daughter and a payment to Ms X for her distress. The Council’s offer is a suitable remedy for Ms X, so we have ended our investigation into the complaint.

The complaint

1. Ms X complains the Council failed to assess and advise of her daughter Y’s entitlement to an escort or Personal Assistant (PA) payments for school transport. Ms X says as a result she was forced to escort Y to school between April 2024 to July 2025 causing her distress and impact on to her health. Ms X says despite the Council accepting it was at fault and agreeing to backdate PA payments to her it has unreasonably refused her request for compensation. This includes her costs for homeschooling Y for six weeks and a payment for distress, financial loss and time and trouble.

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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 provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
4. Ms 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

5. What follows is a summary of key events. It does not include all the information I reviewed as part of the investigation.
6. Y has an Education Health and Care Plan (EHC Plan) as she has special educational needs and attends a specialist school.
7. Ms X contacted the Council on 8 April 2024. Ms X said she had moved into the Council’s area that day and applied for Y to receive school transport to her school which was situated in a neighbouring council’s area. The Council refused the application saying it did not meet its school transport policy.
8. Ms X appealed against the decision the next day and provided more information about her move to the area, Y’s EHC Plan and placement transition. The Council upheld Ms X’s appeal on 24 April 2024 and agreed to arrange taxi or minibus provision for Y. Ms X said she was happy with the outcome. The Council’s passenger transport unit (PTU) needed to put the route out to tender because it was a new route to an out of area school and required Y to have a PA with her.
9. The Council says this is why Ms X was required to home school Y for six weeks (30 working days), as it took this time to secure a taxi for the route. The Council confirms the transport application states it may take up to 30 days for transport arrangements to be finalised after it has been agreed.
10. The Council started the route on 20 May 2024 with Ms X acting as a PA in the taxi with Y. The Council says it considered it a reasonable expectation for Ms X to support Y.
11. In March 2025 Ms X told the Council health difficulties were affecting her ability to manage the journeys and asked for Y to have PA support. The PTU noted there were no PAs available due to service pressures and added Y to the PA waiting list.
12. Ms X complained to the Council in July 2025 about acting as Y’s PA since May 2024. Ms X said the Council had not told her it was standard practice for parents acting in this role to receive a payment. Ms X said the Council was aware of her circumstances in moving to the area and acting as a PA had affected her mental and physical health. Ms X said she could not pursue or maintain employment while acting as a PA causing financial strain.
13. The Council responded to Ms X’s complaint at stage 1 and explained it considered making a payment to a parent acting as an escort in exceptional cases. This was a discretionary payment, and it considered cases on a case-by-case basis. It acknowledged it should have given Ms X this information earlier in the process. The Council accepted the situation with Ms X acting as PA for Y was an exceptional circumstance so would make her a back payment of £15 per day from 24 February 2025. The Council confirmed Y’s case was discussed by the Transport Panel who agreed Y could be allocated a PA for September 2025.
14. Ms X remained unhappy with the Council’s response and complained she had not been told of the PA payments in April 2024 when she started travelling with Y. Ms X considered the Council had not taken account of her personal circumstances, impact onto her health and finances and need to homeschool Y for six weeks before it arranged transport. Ms X asked the Council to backdate the PA payments to 2024, reimburse her homeschooling costs and provide her with compensation for the impacts on to her health and finances.
15. The Council responded to Ms X’s complaints at stage 2. It upheld Ms X’s complaint. The Council accepted it had not provided clear or timely information about the option of PA payments, and had failed to consider the impact onto her physical and mental health of being a PA. It apologised to Ms X and agreed to backdate the PA payments to April 2024 but said it could not offer extra financial compensation. The Council confirmed it would review internal procedures to improve its service and ensure families are informed about escort and PA payments options when transport arrangements are first put in place. The Council made the backdated payments to Ms X.
16. Y started school on 3 September 2025 with a PA in place to provide support during transport to school so Ms X was not required to accompany Y.
17. In responding to my enquiries about the complaint the Council confirms it has reviewed the case in detail. It accepts that when Ms X moved into its area and Y’s EHC Plan was transferred it should have supported her attendance at the school named in the Plan. This would have been in line with Ms X’s parental choice and was a practicable placement. The Council accepted it did not aid Y’s attendance between 8th April 2024 (date of transfer of EHC Plan) and 20th May 2024, when taxi transport was arranged to and from school. Ms X then acted as PA support and was reimbursed retrospectively for undertaking this at £15 per day. The Council accepts this was not helpful for families and has reviewed its procedures.
18. The Council says Y missed education between 8 April 2024 and 20 May 2024 due to its fault in not providing assistance with transport to and from school. In addition, it did not put any alternative educational provision in place for Y during this period. Y has been able to attend school from 20 May 2024. But the Council recognises the distress and frustration caused to Ms X for having to carry out PA support responsibilities. The Council confirms it will apologise to Ms X and Y. It will also make Ms X a payment of £1500 in recognition for the loss of education to Y and a payment of £500 in recognition for the distress and frustration caused to Ms X.

My assessment

19. The documents provided by the Council show it responded to Ms X about her concerns in acting as a PA for Y. The Council agreed due to the exceptional circumstances to pay Ms X for acting as a PA back to April 2024 which was reasonable action for it to take. The Council has now accepted it did not aid Y in attending school when she and Ms X moved into the area in 2024. And to ensure she was able to go to the school placement named in her EHC Plan, so Y did miss six weeks of education between 8 April 24 and 20 May 2024. The Council has offered Ms X a payment of £1500 for the six weeks of missed education.
20. We would normally recommend a payment between £900 to £2400 per term to acknowledge the impact of that loss of provision. So, I consider the remedy being offered by the Council for the six weeks is suitable in this case. In addition, the Council has agreed to make Ms X a payment of £500 in recognition for the distress and frustration caused to her. The Council has also agreed to review its procedures on making information about escort/PA support available to parents. The Council’s action and offers are in line with the outcomes Ms X was seeking when making her complaint and are in line with our Guidance on Remedies for distress payments. So, I do not consider that further investigation will lead to a different outcome for Ms X and I am ending my investigation into the complaint.

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Decision

21. The Council has taken action and offered a suitable remedy in this case and no further action by the Ombudsman is needed.

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Investigator's decision on behalf of the Ombudsman