Overview:

Key to names used

• Mr X The complainant
• Ms Y The complainant’s ex-partner
• B Their son

Summary

Mr X complained about the Council’s refusal to provide school transport for his son (B) when the school named in his Education, Health and Care Plan (EHC Plan) is the only school offered by the Council and is more than three miles from his home. Mr X also complained about the failure to properly consider his school transport appeal.

Finding

Fault found causing injustice and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

To remedy the injustice caused, we recommend within one month of the date of this report the Council:

• apologise to Mr X for the distress and uncertainty he experienced due to the faults identified in this report. The Council may want to refer to our updated guidance on remedies, which sets out the standards we expect apologies to meet;

  • put in place school transport for B;

  • make a payment to Ms Y to reflect the costs she and other family members incurred transporting her son to school from August 2023 until the time B accesses school transport arranged by the Council. That payment should be based on the mileage allowance the Council normally pays (or HMRC rates if the Council does not have its own policy) and should cover four journeys a day during term time;

  • pay Mr X £100 to reflect the time and trouble he had to go to;

  • arrange staff training for decision makers and panel members. The training should focus on how:

    • officers determine which school is deemed the nearest suitable for young people with EHC Plans; and

    • how school transport should be considered when the school chosen by the parents is further away than the school the Council considers suitable. The training should be based on the statutory guidance;

• review its policy to ensure it provides clear information about:

  • the tests it must apply when deciding whether to pay for transport/provide travel assistance; and

  • what action the Council will take where it decides the school of parental choice is incompatible with the efficient use of resources, having regard to Government guidance in 'Travel to school for children of compulsory school age'.

The Council has accepted these recommendations.

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