Summary: We will not investigate this complaint about the support the Council has provided for Mr X’s sixth form aged son’s transport to education. This is because there is insufficient evidence of fault to warrant an investigation.

The complaint

1. Mr X complains the Council has not provided enough funds to cover the cost of his son’s taxis to school. He says his son has special educational needs which mean he cannot use public transport.
2. Mr X says the Council’s decision has caused significant stress and anxiety for him and for his son. He is seeking a reconsideration of the Council's decision, and consideration of whether the Council’s post 16 special educational needs Transport Policy is causing an injustice.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating.

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained about the Council’s decision to provide his son who is of sixth form age and has an EHC plan, a personal transport budget. He said the budget does not provide enough support to cover the cost of travelling to and from school by taxi.
7. Mr X’s complaints were considered under the Council’s appeal process. During this process, the Council raised the personal transport budget awarded to its highest banding, so it is now providing the maximum sum within its policy.
8. Mr X remains unhappy with this as the budget will not cover the cost of daily travel by taxi, meaning that in order for his son to access education, the family will be required to change their working hours and drive him themselves.
9. There is no specific duty for the Council to provide transport that is affordable, or that any personal transport budget it provides must be practical or affordable.
10. The Education Act is clear the only duty on the Council is to publish a transport policy but the provision within that policy is at the Council’s discretion.
11. The Council should consider the relevant circumstances of each applicant and it is evident it has done this both in reaching its initial decision to provide a personal transport budget, and then to raise the agreed budget during the appeal process.
12. Although Mr X complained the funding the Council has agreed to provide will not cover the full cost of travel for Mr X’s son, the Council is not obliged to do this even where an Education, Health and Care plan is in place.

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Final decision

13. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman