The UK’s Ombudsman has highlighted councils’ duty to provide free, suitable transport to school or college for disabled children and adults.
It follows the case of a mother from Stockton-on-Tees. She 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.
Anxiety in shared transport
The son, who has an Education, Health and Care Plan, was travelling to college in shared transport. Stockton-on-Tees Council was paying for the transport.
However, the mother found the shared transport created anxiety in her son. She told the council the shared transport was no longer suitable.
However, the council failed properly to consider the mother’s concerns or make other suitable arrangements.
Policy not in line with duties
The mother complained to the Local Government and Social Care Ombudsman. 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. Instead, the council insisted on a contribution from the mother.
The Ombudsman criticised the long delays by the council in addressing the mother’s concerns.
Appeals process flawed
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 left.
Concern over systematic issues
Paul Najsarek is the Local Government and Social Care Ombudsman. He said: “The council’s responses to my enquiries, and its current transport policy, leaves me concerned that there are systematic 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.”
Ombudsman’s role
The 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.
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Published: 18 June 2023
