Summary: We upheld Miss X’s complaint about how the Council handled her application for school travel assistance. The Council agreed to resolve the complaint early by issuing an apology and offering Miss X a fresh appeal.

The complaint

1. Miss X complains the Council refused school travel assistance for her child, Y. She says Y has Special Educational Needs (SEN) and has an Education, Health and Care Plan (EHCP). She says the Council focused on its walking distance and parental responsibility policy rather than Y’s needs. She says she is registered as disabled and taking Y to school causes significant hardship. She says her appeal outcome was significantly delayed, and her and Y’s situation was not properly considered. Miss X wants the Council to review its decision and provide the transport for Y.

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The Ombudsman’s role and powers

2. 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).

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How I considered this complaint

3. I considered information provided by Miss X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. If we investigated this complaint, we would be likely to find fault causing injustice to Miss X. The evidence we have seen does not show the Council properly considered the evidence Miss X provided in support of Y’s school transport application. The panel notes and Council’s decision letters do not explain how the evidence was considered, and without sufficient reasons, Miss X could not properly understand how the Council reached its decision. There was also a significant delay in completing the Stage 2 appeal exceeding the timeframe recommended in the Department for Education (DfE) guidance.
6. We therefore asked the Council to consider a suitable remedy for the injustice caused to Miss X.

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Agreed action

7. To remedy the injustice caused, within four weeks of the final decision, the Council has agreed to:
• Apologise in writing to Miss X for the fault and injustice caused by the delay exceeding the DfE recommended guidance timeframe. 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.
• Offer Miss X a fresh appeal with a new panel and clerk (in person where appropriate). The clerk should keep a full and accurate record of the panel's deliberations, including how it considered the evidence, relevant policies, statutory guidance, and how it reached its decision.

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Final decision

8. We have upheld this complaint, and the Council has agreed to resolve it early by providing a proportionate remedy for the injustice caused to Miss X.

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Investigator's decision on behalf of the Ombudsman