Summary: Ms X complained about the Council’s decision to suspend her child, Y, from school transport. The Council accepts it should not have suspended Y and failed to consult Ms X. The Council has agreed to make a payment to Ms X and train its staff to prevent a recurrence of its mistake.

The complaint

1. Ms X complained about the Council’s decision to suspend her child, Y, from school transport. She says the Council failed to consider Y’s needs or consult with her before the suspension. Ms X says this resulted in her having to arrange alternative transport and caused Y distress. She wants the Council to compensate her and ensure Y’s school transport meets his needs to prevent any further incidents.

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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. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. 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

4. I have discussed the complaint with Ms X and considered the information she provided. I have also considered information provided by the Council.
5. Ms X and the Council have had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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What I found

SEN School Transport

6. Local authorities must make suitable home to school travel arrangements as they consider necessary for ‘eligible children’ of compulsory school age to attend their ‘qualifying school’. The travel arrangements must be made and provided free of charge.
7. The Council’s Education Travel Assistance policy says any temporary withdrawal of school transport because of a child or young person’s behaviour will be taken following consultation with the school and other relevant parties.
8. The policy sets out a code of conduct for travellers and four categories of offence:
• Category 1: Nuisance or offensive behaviour
• Category 2: Dangerous behaviour
• Category 3: Destructive or very dangerous behaviour
• Category 4: Extremely dangerous or life-threatening behaviour

The policy sets out what action the Council will take depending on the category of offence, ranging from a written warning to a permanent ban.

9. Guidance from the Department for Education (DfE) says councils should only withdraw travel arrangements as a last resort and, in these circumstances, meet their transport duty in an alternative way.

What happened

10. Ms X’s child, Y, has Special Educational Needs (SEN) and has an Education Health and Care (EHC) plan. Y started secondary school in September 2023 and qualified for SEN travel assistance in a shared taxi to and from school. In August 2023 the Council wrote to Ms X confirming Y’s travel arrangements and enclosed information on its expectations of Y and Ms X when using its transport. The information set out the four categories of behavioural offence and reiterated the Council would discuss any incident with all parties before acting on any incident.
11. In November 2023 Y was involved in an incident with another pupil while being taken to school. The transport provider reported the incident to the Council. On the same day the Council emailed Ms X suspending Y from school transport for the following two days because of their behaviour. Ms X took Y to school during the two-day suspension.
12. Ms X complained to the Council about the suspension. She said the Council had failed to follow its policy and discuss the incident with her before suspending Y. She also said Y’s transport was unsuitable and the Council had failed to meet Y’s needs when arranging their transport.
13. The Council said it had acted within guidelines from the Department for Education and its own SEN transport guidance. It said the taxi was suitable for Y’s needs. Ms X complained to the Ombudsman.
14. In response to our enquiries the Council accepted it should not have suspended Y and should have issued a written warning. It said it would provide training to members of its SEN Transport team to ensure its processes were followed in future. It offered to pay Ms X parental mileage totalling £66 for the two days travel Ms X took Y to school. It reiterated Y’s transport met the needs set out in Ms X’s application and Y’s EHC plan.

My findings

15. The Council accepts it should have consulted with Ms X before deciding what action to take following the incident with Y. It also accepts it failed to follow its own policy and should not have suspended Y. This was fault. As a result, Ms X suffered frustration and had to take Y to school herself. The Council has offered to pay Ms X the equivalent parental mileage for the two days she had to transport Y. I consider this an acceptable remedy.
16. Ms X says the incident showed Y’s transport was not suitable and failed to meet his needs. Following the Council’s decision to provide school transport for Y, Ms X had a right of appeal to the Council over the arrangements, which she did not use. In deciding the arrangements, the Council reviewed Y’s EHC plan and liaised with Ms X over the nature of the transport. While the incident involving Y was regrettable, there is no evidence to suggest Y’s transport is unsuitable and does not meet their needs. If Ms X was unhappy with the arrangements, it was open to her to appeal to the Council.

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Agreed action

17. Within one month of the final decision, the Council has agreed to:
1. Apologise to Ms X for the frustration caused by the failings identified. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology I have recommended.
2. Pay Ms X the parental mileage for the two return journeys each day during Y’s transport suspension. This totals £66.
18. Within three months of the final decision, the Council has agreed to:
1. Provide the Ombudsman with evidence of the training it has delivered to its SEN Transport Team to ensure it follows its processes in future.
19. The Council should provide us with evidence it has complied with the above actions.

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Final decision

20. I have completed my investigation and found fault with the Council, causing an injustice, for which I have recommended a remedy.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman