A Stockton-on-Tees mother had to take her young adult son to and from college for three academic years, because the council failed to recognise its duty to arrange free transport, the Local Government and Social Care Ombudsman has found.

The son, who has an Education, Health and Care Plan, was travelling to college in shared transport, paid for by Stockton-on-Tees Council. But when the mother told the council it was no longer suitable because of his anxiety, the council failed to properly consider the mother’s concerns or make other suitable arrangements.

The mother complained to the Ombudsman when she was unhappy with the council’s response to her complaint. The Ombudsman found the council’s post-16 transport policy was not in line with its statutory duties. The council should have provided transport free of charge if it considered transport necessary, but instead it required a contribution from the mother.

The Ombudsman criticised the long delays by the council in addressing the mother’s concerns.

The Ombudsman’s investigation also found the council’s appeals process did not follow statutory guidance – it did not offer a hearing at stage two of the complaints process, and then did not signpost people who were not happy to the Ombudsman.

Additionally, the Ombudsman criticised the council’s poor record keeping: it did not have a central system for recording decisions, which would have allowed these to be accessed after staff have left.

Paul Najsarek, Local Government and Social Care Ombudsman, said:

“The council’s responses to my enquiries, and its current transport policy leaves me concerned that there are systemic issues in Stockton that may be affecting other young adult learners who have Education, Health and Care Plans.

“I am also particularly concerned that the council is not signposting parents to my office if they are unhappy with the outcome of any complaint about its appeals process.

“I am therefore pleased the council has accepted my recommendations to improve its processes and policies to ensure other young adults – and their families – are treated fairly and in line with statutory guidance.”

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 £3,432.50 to reimburse her fuel costs and for the distress, uncertainty and time and trouble caused.

The Ombudsman has the power to make recommendations to improve processes for the wider public. In this case the council has agreed to amend its letters, templates and policies to ensure they fall in line with statutory guidance and signpost people to the Ombudsman. It will also provide training and guidance to staff responsible for school transport on its new policy.

Article date: 14 June 2023