Overview:

Key to names used

• Mrs K The first complainant
  • L - Her daughter
  • M - Her son
• Mrs X The second complainant
  • Y Her son

Summary

Mrs K complained about her two children’s school transport including late and missed pick-ups, a lack of consistency, ignoring instructions to safeguard her children and about an incident when one of her children went missing. Both children have Education, Health and Care Plans.

Mrs X complained about the unsuitability of travel arrangements to educational providers for her son Y who has an Education, Health and Care Plan and received Education Otherwise than at School. She said on several occasions in mid-September transport did not turn up. She also raised safeguarding concerns, including frequent changes of the drivers.

Finding

Fault found causing injustice and recommendations made

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

In addition to the requirement set out above, to remedy the injustice caused we recommend within four weeks of the date of this report the Council should:

Mrs K

• apologise to Mrs K, and her children L and M for the injustice caused to them 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 the apology we have recommended;

• pay Mrs K mileage allowance for any mornings and/or afternoons that the transport company 24x7 failed to provide transport to the Alternative Provider and M’s school and Mrs K provided transport herself. This reimbursement should be for the full distance driven by Mrs K to and from her home on each trip; and

• pay Mrs K £100 to recognise the distress caused to her by the Council’s failings in transporting L and M to their education settings identified in this investigation.

Mrs X

• apologise to Mrs X and her child Y for the injustice caused to them 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 the apology we have recommended;

• hold a meeting or a telephone call with Mrs X and the transport company 24x7 to discuss Y’s specific needs relevant to any transport arrangements and the way the service arranged by the Council can respond to them. The Council will send us notes from this meeting or telephone call;

• respond to Mrs X’s safeguarding concerns from the beginning of October 2025. The Council will send us a copy of this response; and

• pay Mrs X £50 to recognise the distress caused to her by the Council’s failings identified in this investigation.

The Council should also within six months of the date of this report complete the following:

• meet with the transport company 24x7 and take appropriate steps to assure itself that when 24x7 needs to allocate replacement drivers or commission another transport company in cases of sickness or other emergencies:

  • parents are notified of the details of a replacement driver; and

  • replacement drivers have details of any relevant needs for children for whom they are providing services;

• ensure when commissioning delivery of transport the Council has a process in place to ensure it passes on relevant information on the children’s needs from their EHC Plans, which will be recorded on the Transport company’s system. As part of the process the Council will regularly check the Transport company records;

• set out clear criteria for triggering risk assessments for children eligible for transport and ensure the outcomes are recorded and passed on to the commissioned transport company;

• work with the transport company 24x7 to ensure there is a process for considering whether any reasonable adjustments are necessary due to a child’s disabilities. The Council will send us details of the agreed process;

• amend the Performance Improvement Plan for the transport company 24x7 to address the failings identified in this report; and

• amend ‘The Council’s guide to SEND transport for parents and carers’ to make it compliant with the Statutory guidance ‘Travel to school for children of compulsory school age’ of January 2024. The Council will send us details of any amendments.

The Council should provide us with evidence it has complied with the above actions.

The Council has accepted these recommendations.

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