Summary: Mrs M complained the Council had not backdated an increase in the payments for school transport it agreed following her complaint. The Council has agreed to backdate the payment to the date of her request in May 2022. There are no grounds for me to recommend the Council backdate the payment further.

The complaint

1. Mrs M complained the Council had not backdated an increase in the payments for school transport it agreed following her complaint.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

3. I have considered information provided by Mrs M and information provided by the Council.
4. I invited Mrs M and the Council to comment on my draft decision.

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What I found

5. Mrs M’s daughter, G, is eligible for home-to-school transport.
6. Mrs M wanted to provide transport herself. The Council paid 25p per mile for two return journeys per day. Mrs M submitted claims once a term.
7. Mrs M asked the Council to increase in the payments in May 2022 in view of the rising fuel prices.
8. Mrs M made a formal complaint on 29 September 2022 as she had not received a response from the Council to her request. She said she was aware other parents received a higher rate.
9. The Council wrote to Mrs M on 15 November 2022 to say it had agreed to increase the rate from 25p to 60p per mile, payable from the beginning of September. The Council said this was a “personal travel budget”.
10. The Council responded to Mrs M’s complaint on 26 November 2022. The Council explained the 25p per mile rate was for parents who volunteered to provide transport themselves. The Council explained that parents can withdraw from the agreement at any time and the Council would make alternative arrangements. The Council apologised it had not made this clear.
11. The Council explained it can offer a “personal travel budget” at a rate of 60p per mile if this would be more cost effective for the Council than arranging transport itself. The Council decided to offer Mrs M a personal travel budget.
12. Mrs M asked the Council to backdate the increase to May 2022 when she first asked for the increase. The Council did not respond to Mrs M’s request, so she complained to the Ombudsman.

Consideration

13. Councils have a duty to provide transport for eligible children to qualifying schools. They can also pay all or part of a child’s travel expenses, subject to agreement with the parent.
14. Staffordshire County Council will arrange transport (usually by bus or taxi) for any eligible child attending a qualifying school.
15. If a parent prefers, the Council will pay the parent 25p per mile to arrange their own transport rather than use existing council transport.
16. If Council transport is not available, for example if there is no bus serving a particular area or a child needs a specialist escort, and the Council would have to commission new transport, it may offer the parents a personal travel budget of 60p per mile to arrange the transport themselves.
17. It is possible, therefore, the Council could pay parents in similar circumstances different rates to transport their children to school. The difference would be that parents receiving the lower (25p) rate would have been offered – and declined – council transport.
18. Any parent could decline the offer of payment, however, and the Council would arrange transport itself. So, while parents may be paid at different rates, the Council will always fulfil its duty by arranging transport if transport is needed.
19. In response to Mrs M’s complaint, the Council undertook to review the mileage rate, the operation of the mileage allowance and the wording of the Council’s policy guidance document. The Council also undertook to introduce a procedure for considering complaints about the rate.
20. In response to my enquiries, the Council explained the work it had done for the review. The Council is yet to make a decision on any changes.
21. The Council also agreed to backdate the increase in Mrs M’s payments to May 2022 when she complained. I welcome the Council’s undertaking.
22. Mrs M sent copies of her correspondence with the Council about a complaint she made about transport in 2019. Her complaint concerned backdating payment of the 25p rate to 2016 when she withdrew G from Council transport and began to provide transport herself. She asked me to consider whether the Council should now backdate the payment of the personal travel budget to 2016. She said she was not aware of the 60p rate until the Council responded to her most recent complaint in November 2022.
23. There are no grounds for me to recommend the Council backdate the personal travel budget before May 2022 since this is when Mrs M told the Council she no longer wanted to provide transport for G under the existing arrangements. Mrs M could have asked the Council to make alternative arrangements sooner if she was unhappy providing transport herself. The Council offered to arrange transport when Mrs M complained in 2019, but Mrs M accepted a mileage allowance instead. Too much time has passed to revisit these decisions now.

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Agreed action

24. The Council agreed to backdate Mrs M’s personal travel budget to May 2022 when she complained about the mileage allowance.
25. The Council sent evidence to show it has made the payment.

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Final decision

26. I have completed my investigation. The Council has backdated Mrs M’s personal travel budget to May 2022 when she complained about the mileage allowance. This is a satisfactory outcome.

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Investigator's decision on behalf of the Ombudsman