Councils advised about school transport changes following Birmingham investigation

The Local Government Ombudsman (LGO) is urging councils to consider carefully the impact any school transport policy changes have on existing pupils after an investigation led to a boy having his free school travel pass reinstated.

The boy, who attends a faith school in Birmingham, had been assured by the city council when he started senior school in 2012 that he would receive a travel pass until July 2017.

The council reviewed its school transport policy and decided it would no longer provide free home-to-school transport for new applicants from January 2013. But the council also later withdrew support for the boy, despite the family having a formal letter promising him transport until he finished school. This meant that since September 2013 they have been forced to pay transport costs they had not budgeted for.

The family complained to their MP who contacted the council on their behalf and the council argued that the letter did not form a legally binding contract.

They then complained to the LGO and an investigation found that the family had a legitimate expectation that the boy would receive free home-to-school transport for five years as the commitment in the letter they received was precise and not open-ended. They also had good cause to believe that any future decision about transport would only apply to new applicants and not to them.

Dr Jane Martin, Local Government Ombudsman, said:

“I would urge other councils in a similar position to check carefully whether they’ve made any firm commitments to families about school transport funding to ensure that they do not promise a service they might not be able to deliver in future. While councils are entitled to review their policies, as per statutory guidance, it is not right that families suffer if they backtrack on a commitment.

“The council was aware, at the time of writing to the family with a dated promise, that there may be future cost implications and officers could have clearly explained that the offer could be subject to review. Had the authority done so I may not have found fault with its decision.”

The LGO has asked the council to apologise to the family and reinstate the boy’s travel pass till it expires in July 2017. The council has also been asked to pay the boy’s transport costs from September 2013 when they withdrew funding.

The LGO has also recommended that the council provide a £100 remedy to the mother for the time and trouble in having to pursue the complaint.

The council should also offer the same remedy to two other children who have been similarly affected and whose families also appealed to the council against the withdrawal.

The council has agreed to carry out all the recommendations.

Article date: 08 January 2015

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