The Local Government and Social Care Ombudsman (LGSCO) has found Essex County Council at fault after an investigation uncovered serious and repeated failings in transport arrangements for children with special educational needs and disabilities (SEND), causing significant distress to families and putting children's safety at risk.

The investigation examined two separate complaints. In the first, a mother described how her two children, both of whom have Education, Health and Care (EHC) Plans, experienced late and missed pick-ups, inconsistent drivers, and an incident in which her daughter went missing for 30 minutes when there was confusion about which driver was collecting her.

In the second, a mother whose son also has an EHC Plan and was attending an alternative education setting, raised concerns after his transport failed to arrive, drivers changed frequently without notice, and safeguarding concerns she raised went unanswered.

The Ombudsman investigated the mother’s concerns and found Essex County Council and its commissioned transport provider, 24x7, failed to:

• carry out risk assessments for children eligible for transport and share the outcomes with the transport provider,
• ensure a reliable and consistent driver allocation system, particularly when replacement drivers were needed,
• take account of children's individual needs, including those arising from autism and other disabilities, when planning journeys,
• respond adequately to safeguarding concerns raised by parents, and
• ensure its guide for parents and carers on SEND transport reflected statutory guidance.

The Ombudsman also found the transport provider's use of "mileage contracts", which allow routes and drivers to change from week to week for cost efficiency, showed a disregard for the needs of children who rely on consistency and routine, and failed to have due regard to the Public Sector Equality Duty.

The investigation heard the council received more than 90 complaints about the transport provider in autumn 2025 alone, and more than 20 further complaints in the first two months of 2026, indicating the failings identified are likely to have affected many more families.

Amerdeep Clarke, Local Government and Social Care Ombudsman, said:

"What happened to these families should not happen to anyone relying on councils to get their children safely and reliably to school. Missed pick-ups, unexplained changes of driver, and unanswered safeguarding concerns caused real distress to children who, in many cases, depend on consistency and routine to feel safe.

"This case should serve as a wake-up call for all councils that commission home-to-school transport, particularly for children with special educational needs and disabilities. Contracts that prioritise cost efficiency over consistency can have a real and lasting impact on vulnerable children's wellbeing and their readiness to learn.

"I welcome Essex County Council's swift acceptance of our recommendations and its commitment to strengthening risk assessments, improving how it works with its transport provider, and ensuring its guidance for parents reflects statutory requirements. I would encourage other councils to reflect on the lessons from this case and satisfy themselves that their own transport arrangements properly consider the needs of every child who relies on them."

The Local Government and Social Care Ombudsman remedies injustice and shares learning from investigations to help improve public services. In this case the council has agreed to apologise to both mothers and reimburse one mother's mileage costs for the journeys she had to make herself when transport failed to turn up.

The Ombudsman has the power to make recommendations to improve processes for the wider public. In this case the council has agreed to set out clear criteria for triggering risk assessments for children eligible for transport, work with its transport provider to ensure reasonable adjustments are considered for children with disabilities, strengthen its Performance Improvement Plan for the transport provider, and update its guide for parents and carers on SEND transport so that it complies with statutory guidance.

Article date: 01 October 2026