Northumberland County Council has agreed to look again at families’ applications for school transport for teenagers with special educational needs after the Local Government and Social Care Ombudsman found its policy was flawed.

The Ombudsman investigated after the mother of a teenager, who has an Education, Health and Care (EHC) Plan, complained the council declined to provide free school transport when he moved to college.

The council said there was another college closer to home for the son, and because the course he was set to study was not of the right standard, he did not meet its criteria for transport.

The council’s policy recommended applicants check their eligibility before applying for a course and transport, but the Ombudsman’s investigation found the policy’s wording made it difficult for families to do that.

The Ombudsman also found the council did not explain to the mum about its transport policy and how the family’s college choice would affect whether transport would be provided. It also found the policy did not make it clear how people can find out what level courses are set at.

The investigation also criticised the council for the way it handled the mother’s appeal.

Michael King, Local Government and Social Care Ombudsman, said:

“In this case I have found the council’s policy on transport for teenagers with EHC Plans was not clear enough to allow parents to make the right choices, so I have asked it to look again at its policy to make it fairer.

“I’m pleased the council has agreed to my recommendations, which should ensure there is greater clarity for parents of teenagers with EHC Plans before they make important decisions about their future education options.”

The Local Government and Social Care Ombudsman remedies injustice and shares learning from investigations to help improve public, and adult social care, services. In this case the council has agreed to apologise to the mother and pay her £200 for the time and trouble in dealing with the complaint. It will also pay her a further £100 for not updating her properly during the application and appeals process.

The council will reassess the teenager’s transport application and properly explain the reasons for its decision. This will allow the mother to appeal if the application is refused. If it decides to provide transport, the council should reimburse the mother for her costs so far.

The Ombudsman has the power to make recommendations to improve processes for the wider public. In this case the council will remind staff dealing with transport applications and appeals of the importance of providing timely, clear, consistent and well-reasoned decisions and ensuring decision reasons are recorded.

It will also revisit its post-16 transport policy to make it clear to applicants that they can contact the council about course levels and check or compare school or college distances.

It will also review its decisions for the school year starting September 2021 where it has refused transport to children with EHCPs under its post-16 transport policy. If any applications were declined without explanations being given, they should be reassessed. In those cases, If transport is then agreed the parents should be offered a remedy for the missed provision. If transport is not agreed, parents should be given the opportunity to appeal.

Article date: 06 October 2022