Summary: Miss X complained on behalf of her daughter Y about the Council’s decision to provide a personal transport allowance instead of making the transport arrangements itself, and then failed to provide adequate funding to cover the transport. We find no fault in how the Council made its decision to provide a personal transport allowance and therefore cannot question the outcome. We have decided to end our investigation into matters after that point, which includes the level of funding, because it is reasonable for Miss X to have appealed the Council’s decision to provide an allowance, she did not do so, and we cannot achieve the outcome Miss X wants.

The complaint

1. Miss X complains on behalf of her daughter Y that the Council failed to arrange suitable transport for her to attend college. In particular she complains the Council:
1. Decided to provide a personal transport allowance, instead of making the transport arrangements for Y.
2. Failed to provide an allowance with adequate funding for the passenger assistant to accompany Y to and from college.
2. She said the Council’s failings caused significant time, trouble and anxiety because she had to find, arrange and coordinate a trained passenger assistant and taxi driver, resulted in the passenger assistant withdrawing their service, and left Y without suitable transport.
3. She would like the Council to take full responsibility for providing safe and appropriate transport for Y, including arranging a medically trained passenger assistant and driver.

Back to top

The Ombudsman’s role and powers

4. 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)
5. We provide a free service, but must use public money carefully. We may not start or continue an investigation if we decide:

• it would be reasonable for the person to ask for a council review or appeal, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

6. 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)

Back to top

What I have and have not investigated

7. I have investigated part a) of the complaint from December 2024, when Miss X submitted an application for home to college transport assistance for Y. I have investigated until February 2025 when the Council sent a letter to Miss X that notified her of its decision to provide a personal transport allowance.
8. I have decided to end my investigation into matters after the Council’s letter of February 2025. This includes ending my investigation into part b) of Miss X’s complaint.
9. This is because where an appeal right exists we usually expect complainants to use that right unless it is unreasonable of them to have done so.
10. The main outcome Miss X said she wants from my investigation is for the Council to change its decision to provide a personal transport allowance. She wants it to arrange and provide transport instead.
11. I have decided the correct way for Miss X to have sought that outcome was by appealing the Council’s decision to provide an allowance at the time. Records show she disagreed with the Council’s decision when it was made, and the Council explained the appeal process. I have therefore decided it is reasonable for her to have appealed.
12. Miss X did not appeal the Council’s decision to provide an allowance. I have decided this means further investigation into the level of funding of the allowance could not lead to a remedy that could achieve the main outcome she wants. I have therefore exercised my discretion to end my investigation into part b) in line with paragraph 5.

Back to top

How I considered this complaint

13. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
14. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

Back to top

What I found

Relevant law and guidance

Post-19 education transport legislation

15. Councils are required to make transport arrangements they consider “necessary” to facilitate the attendance of relevant young adults at institutions where the local authority has secured the provision of education for the adult concerned. Relevant young adult means an adult who is under 25 years old, neither a child nor a pupil of sixth form age, and for whom an Education, Health and Care (EHC) Plan is maintained. When a council finds it is “necessary” to arrange transport for the young adult under section 508F, then the transport must be arranged and be free of charge (Education Act 1996, section 508F).
16. In the case of the Upper Tribunal in Staffordshire County Council v JM [2016] UKUT 246 (AAC), the judge said: “The Local Authority has a duty to make arrangements for H if they consider that to be necessary having regard to all of the relevant circumstances. This is not a pure discretion. Although the question of what is necessary is a matter for them, in deciding that question they must exercise their judgment judiciously and in good faith. If they come to the conclusion that it is necessary, they must make the necessary arrangements and the transportation must be free of charge.”
17. Councils must also take into account the “Post-16 transport and travel support to education and training statutory guidance 2019” (the statutory guidance). The guidance says “The overall intention of the adult transport duty is to ensure that those with the most severe disabilities with no other means of transportation are able to undertake further education and training after their 19th birthday to help them move towards more independent living.”

Education transport appeal process

18. Councils should have an appeals process in place for parents who want to appeal about travel support. The statutory guidance recommends councils adopt the following appeals process:
19. Stage one: review by a senior officer; and
20. Stage two: 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 complaining to us.

The Council’s policy

21. The relevant Council policy is titled “Policy and Arrangements for the Provision of SEND Travel Assistance for Young Adults with Learning difficulties (19-25).” It was last updated in August 2024.
22. It says travel options will be appropriate for the needs of the young adult and considered in the following order:

• Walking to college, accompanied as necessary and appropriate by parent/carer.
• Cycling to college.
• Travel pass/oyster card for the parent/carer/appropriate adult to accompany the pupil.
• Mileage allowance.
• Personal Travel Allowance.
• Independent travel training.
• Shared college transport arranged by the Council or any travel arrangements the Council makes under this section is free.

23. The Council’s policy says a personal travel allowance is to assist with the cost when the parent/carer agrees to take full responsibility for getting the young learner to college.
24. The Council’s policy explains the appeals process parents may follow if they wish to challenge decisions including the transport arrangements offered. It broadly adopts the process laid out in the statutory guidance.

What happened

25. Y has an EHC Plan. She has special educational needs and complex medical needs. In the school year 2024 to 2025 Y travelled to and from school with a passenger assistant. The passenger assistant had special training required for Y’s medical needs in case of an emergency.
26. The transport was funded with a personal transport budget.
27. In December 2024 Miss X applied to the Council for travel assistance for Y to start in September 2025. Y was due to start at a new college from that date. She was due to turn 19 before starting at the new college.
28. In early February 2025 the Council sent Miss X a letter. It explained it agreed to provide travel assistance for Y. It explained it would be in the form of a personal transport allowance. It said it felt that a personal transport allowance would be a suitable solution in line with Y’s medical needs. It explained the Council were not able to provide a passenger assistant with the medical expertise Y needed. Its decision meant Miss X would have to find a suitably trained passenger assistant, funded by the allowance.
29. In March a person emailed the Council on Miss X’s behalf. They explained a personal transport allowance was not a workable option for her. Miss X said she remained unhappy with the Council’s decision to offer an allowance. However, she did not formally appeal the Council’s decision. She started trying to find a suitably trained passenger assistant for Y.
30. Throughout May and June Miss X and the Council corresponded about the transport arrangements and costs. The Council clarified the personal travel allowance meant Miss X was responsible for finding a suitably trained passenger assistant and a taxi driver. Miss X expressed further concerns about this, but did formally appeal.
31. In early June Miss X emailed the Council and said she had found a suitably trained passenger assistant and taxi driver. The total cost was £198 per day.
32. In mid-June the Council’s panel considered the costs put forward by Miss X. It decided £120 per day was the necessary amount to meet its duties.
33. Miss X appealed the Council’s decision to only provide £120 per day twice. In early July, and mid-August. The Council considered Miss X’s appeals. It upheld its decision both times.
34. Miss X complained to us at the beginning of November 2025. She said a passenger assistant had started taking Y in a taxi, but had recently told her they would stop providing their service. She said it had been very difficult coordinating the passenger assistant and taxi. She said she wanted the Council to take full responsibility for arranging and providing transport for Y.

Analysis and findings

35. Miss X’s application form from December 2024 made it clear she applied for transport assistance in the form of a taxi with an escort. She did not tick the box to request a personal transport allowance.
36. The Council’s policy says it will offer a personal transport allowance where the parent or carer agrees to take full responsibility for getting the young learner to college.
37. Based on the evidence I have seen, I have decided Miss X had not agreed to take full responsibility for getting Y to college at the time the Council made its decision. For this reason, I find the Council did not follow its own policy when it decided a personal transport allowance was the necessary type of travel assistance.
38. We expect a council to put forward a good reason when it does not follow its policy.
39. The Council said in its decision letter of early February 2025 it felt a personal transport allowance would be a suitable solution in line with Y’s needs. It continued that it was not able to provide a passenger assistant with the necessary medical training. It went on to explain how Miss X could appeal if she disagreed with its decision.
40. I have decided the Council’s position that it could not arrange a suitably trained passenger assistant was a good reason it decided to provide an allowance to meet that need in this case. It clearly explained how Miss X could challenge the decision if she wished. It is also relevant the date of the decision allowed several months for the appeal process. For those reasons I find no fault in the way the Council made its decision. I therefore cannot question whether the decision was right or wrong. This finding is in line with paragraph 4.
41. I acknowledge Miss X disagreed with the Council’s decision and continues to do so. The Ombudsman is not an appeal body. The correct way for Miss X to appeal the type of assistance offered by the Council, and seek the main outcome she wants in this case, is through its formal appeal process.

Back to top

Decision

42. I find no fault in the way the Council made its decision to offer a personal transport allowance following Miss X’s application for home to college transport for her daughter Y, I therefore cannot question whether the decision was right or wrong. I have ended my investigation into the part of Miss X’s complaint about the level of the allowance because I have decided further investigation into that part would not achieve a worthwhile outcome.

Back to top

Investigator's decision on behalf of the Ombudsman