Essex County Council (25 028 665)
The Ombudsman's final decision:
Summary: We have upheld Miss X’s complaint that the Council delayed providing agreed school transport for her child and refused to reimburse taxi costs she incurred. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
The complaint
- Miss X complained the Council delayed providing agreed school transport provision for her child and it refused to reimburse the taxi costs she incurred as a result of that failure.
- Miss X said as a result she incurred avoidable transport costs and was caused frustration and uncertainty.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council agreed to arrange contracted school transport for Miss X’s child in January 2026 but did not provide this transport until 2 March 2026.
- Miss X told the Council she paid for a private taxi between January and March because she did not drive due to a disability and there were no viable public transport links to her child’s school. She asked the Council to reimburse the costs of the taxis but the Council refused. Instead, the Council offered Miss X a travel allowance. It said this was in line with its policy which stated the Council paid travel allowances to some parents ‘instead of’ arranging contracted transport for their children, when that is the most cost-effective option.
- If we investigated this complaint, it is likely we would find fault causing the complainant injustice because there was a delay providing the agreed school transport between January and March 2026. This meant Miss X had to arrange and pay for transport herself. We would also likely find fault with its decision to refuse reimbursement of the taxi costs. This is because the Council’s decision was to provide contracted transport for Miss X’s child, not a travel allowance. The offer of a travel allowance does not cover the costs Miss X reasonably incurred and so is not a suitable remedy for the injustice caused.
- We therefore asked the Council to consider resolving this complaint by taking the following actions within one month our decision:
- apologise to Miss X for the avoidable injustice caused due to the likely faults; and,
- reimburse Miss X the avoidable transport costs she incurred between 16 January 2026 and 2 March 2026 upon provision of evidence/receipts of those costs.
- The Council agreed to resolve Miss X’s complaint early by accepting our recommendations therefore we will not investigate this complaint.
Final decision
- We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
Investigator's decision on behalf of the Ombudsman