Summary: The Council failed to give Ms X an opportunity to attend the appeal panel hearing and failed to keep notes from the hearing. An apology, arrangement for a further appeal hearing, payment to Ms X and guidance for officers is satisfactory remedy.

The complaint

1. The complainant, Ms X, complained the Council failed to consider her application for school transport for her daughter, Y, properly.
2. Ms X says the Council’s failures have caused her distress and financial hardship as she has had to pay for taxis to take Y to and from school.

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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 recommend 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(i), as amended)
5. 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

6. As part of the investigation, I have:
• considered the complaint and Ms X's comments;
• made enquiries of the Council and considered the comments and documents the Council provided.
7. Ms X and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

The Council’s Home to School Transport Policy for Children of Compulsory School Age

8. Children of compulsory school age attending a qualifying school will be eligible for assistance with transport from the Council if they meet the following criteria:
• The child attends the normal area school, or a school closer than the normal area school, or the nearest suitable school as determined by the Council; and
• The child lives beyond the statutory walking distance from that school.
9. The statutory walking distance is two miles for children under the age of eight and three miles for children aged eight and above (Education Act 1996, Section 444(5)).
10. Where a child with an education, health and care plan (EHC Plan) lives within statutory walking distance of the school named in their EHC Plan and is able to walk to school, accompanied as necessary, the Council expects parents/carers to make arrangements for their child in the same way as parents of children without special educational needs (SEN).
11. Where transport assistance is refused, or if parents/carers wish to challenge a decision about the transport assistance offered by the Council, a two-stage review/appeals process will be followed:
• stage one is a review by a senior officer;
• stage two is a review by an independent appeal panel.
12. Within 40 working days of receipt of the parent/carers request, an independent appeal panel will meet to consider written and (if the parent/carer wishes to attend the panel meeting) verbal representations from both the parent/carer and officers involved in their case.

What happened

13. Y has SEN and attends a specialist school which is around 1.5 miles from her home address. Y is over eight years of age.
14. Ms X applied for school transport for Y. The Council refused the application as Y did not have any mobility difficulties and the Council was satisfied Ms X could accompany her to school.
15. Ms X asked the Council to review its decision. Ms X provided supporting documentation.
16. The Council turned down the review request. The Council explained it was satisfied Y had previously walked to her primary school until the end of the previous academic year. The Council refused the review as it said Y could travel to school accompanied by an adult. The Council said Ms X could ask for a stage 2 review by an independent appeal panel.
17. Ms X put in an appeal. Ms X said she did not have access to a vehicle or anybody else to transport Y to school. Ms X said Y could not safely walk to school and could not access public transport due to her sensory triggers and the need for close supervision. Ms X asked the Council to cover taxi fares.
18. An appeal panel considered the case and wrote to Ms X to explain its decision. That email told Ms X the panel had taken into account the information she provided, the EHC Plan, the school placement and Ms X’s representations. The panel noted Ms X’s concern about Y’s ability to walk to school independently while also noting she had walked to her primary school until the end of the previous academic year, accompanied as appropriate. The panel noted the EHC Plan did not identify any physical or mobility needs to prevent Y walking to school when accompanied.
19. The panel also noted Y lived within the statutory walking distance and although she had additional needs in school there was no evidence she had physical or mobility difficulties to prevent her walking the short distance to school when accompanied by an adult. The panel also noted Ms X had said there was an adult available to accompany her and therefore it concluded she did not meet the eligibility criteria.

Analysis

20. Ms X says the Council failed to consider Y’s application for school transport properly. Ms X say she provided the Council with professional evidence to show Y could not walk to school safely or use public transport and the Council instead relied only on the distance to the school when refusing her application.
21. The evidence I have seen satisfies me the Council turned down Ms X’s request for a review of the decision on her school transport application and her appeal as it was satisfied Y could walk to school accompanied, rather than just based on distance. However, I have some concerns with how the Council considered the review and appeal.
22. For the review, the Council’s policy says the decision is taken by a senior officer. However, when turning down Ms X’s request for a review the Council said a panel had considered the information provided. Unless that is a typing error I am concerned the Council did not follow its policy.
23. My main concern though is with how the Council carried out the stage two appeal. The Council’s policy says an applicant should have an opportunity to present their appeal to the appeal panel in person. That is also what government guidance says. The Council says it gave Ms X the opportunity to attend the appeal hearing but she did not ask to do so.
24. I have found no evidence to support the Council’s position. The email following the review on 5 August 2025 told Ms X she could put a request for an appeal in writing for consideration by an independent appeal panel. However, that email did not tell her she had a right to attend the appeal panel in person. I am therefore not satisfied the Council gave Ms X an opportunity to attend the appeal panel hearing. That is fault.
25. I am also concerned the appeal panel did not keep notes to show what information it took into account. That is despite the fact the Council agreed a remedy in a previous Ombudsman complaint which included ensuring those dealing with transport appeals took notes from the hearing.
26. I appreciate when writing to Ms X following the appeal the letter explained the appeal panel had refused the appeal as it was satisfied Y could walk to school accompanied by an adult. I also appreciate that letter told Ms X the panel had taken into account the information Ms X provided. Without notes from the appeal panel hearing though I cannot be satisfied the appeal panel properly considered Y’s case.
27. In any event, even if I was satisfied on that point, as I am not satisfied the Council gave Ms X an opportunity to attend the appeal panel hearing in person I recommended the Council hold a further appeal panel hearing and invite Ms X to attend. The Council has already offered that, which I welcome.
28. I also recommended the Council pay Ms X £200 to reflect her distress and uncertainty. I recommended the Council provide guidance to those taking part in appeal panel hearings about the need to ensure parents/carers are given an opportunity to attend and that the panel keep notes from the meeting. I further recommended if the Council upholds Ms X’s appeal it refund the transport costs she incurred transporting Y to and from school from September 2025. The Council has agreed to my recommendations.

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Action

29. Within one month of my decision the Council should:
• apologise to Ms X for the distress and uncertainty she experienced due to the faults identified in this decision. The Council may want to refer to the Ombudsman’s updated guidance on remedies, which sets out the standards we expect apologies to meet;
• arrange a fresh appeal for Ms X with a different panel. If the fresh appeal is successful, the Council should refund transport costs Ms X paid from September 2025. The Council should make any refunds within four weeks of the appeal hearing;
• pay Ms X £200; and
• provide guidance to those taking part in appeal panel hearings about the need to ensure parents/carers are given an opportunity to attend and to ensure the panel keep notes from the meeting.
30. The Council should provide us with evidence it has complied with the above actions.

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Final decision

31. I find fault causing injustice. The Council will take action to remedy the injustice

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Investigator's decision on behalf of the Ombudsman