Investigation finds “serious and repeated failings” in transport arrangements for children with SEND at county council

According to the Ombudsman, the council received more than 90 complaints about its commissioned transport provider in autumn 2025 alone, and more than 20 further complaints in the first two months of 2026.

The investigation considered two separate complaints.

In the first, a mother described how her two children, both of whom have Education, Health and Care (EHC) Plans, experienced late and missed pick-ups, inconsistent drivers, and an incident in which her daughter went missing for 30 minutes when there was confusion about which driver was collecting her.

In the second, a mother whose son also has an EHC Plan and was attending an alternative education setting, raised concerns after his transport failed to arrive, drivers changed frequently without notice, and safeguarding concerns she raised went unanswered.

Following investigation, the Ombudsman found Essex County Council and its commissioned transport provider failed to:

• carry out risk assessments for children eligible for transport and share the outcomes with the transport provider,
• ensure a reliable and consistent driver allocation system, particularly when replacement drivers were needed,
• take account of children's individual needs, including those arising from autism and other disabilities, when planning journeys,
• respond adequately to safeguarding concerns raised by parents, and
• ensure its guide for parents and carers on SEND transport reflected statutory guidance.

Meanwhile, the Ombudsman found the provider's use of "mileage contracts" - which allow routes and drivers to change from week to week for cost efficiency - showed “a disregard for the needs of children who rely on consistency and routine”, and failed to have due regard to the Public Sector Equality Duty (PSED).

The Ombudsman warned that the failings identified were likely to have affected “many more families”.

To remedy the injustice caused, the council agreed to:

• apologise to both mothers;
• reimburse one mother's mileage costs for the journeys she had to make herself when transport failed to turn up;
• set out clear criteria for triggering risk assessments for children eligible for transport;
• work with its transport provider to ensure reasonable adjustments are considered for children with disabilities;
• strengthen its Performance Improvement Plan for the transport provider;
• update its guide for parents and carers on SEND transport so that it complies with statutory guidance.

Amerdeep Clarke, Local Government and Social Care Ombudsman, said: "What happened to these families should not happen to anyone relying on councils to get their children safely and reliably to school. Missed pick-ups, unexplained changes of driver, and unanswered safeguarding concerns caused real distress to children who, in many cases, depend on consistency and routine to feel safe.

"This case should serve as a wake-up call for all councils that commission home-to-school transport, particularly for children with special educational needs and disabilities. Contracts that prioritise cost efficiency over consistency can have a real and lasting impact on vulnerable children's wellbeing and their readiness to learn."

Clarke added: "I welcome Essex County Council's swift acceptance of our recommendations and its commitment to strengthening risk assessments, improving how it works with its transport provider, and ensuring its guidance for parents reflects statutory requirements. I would encourage other councils to reflect on the lessons from this case and satisfy themselves that their own transport arrangements properly consider the needs of every child who relies on them."

A spokesperson for Essex County Council said: "We take our statutory responsibility to provide safe and reliable transport extremely seriously and provide around 28,000 journeys every school day in partnership with transport providers.

"We therefore welcome the findings of the Local Government and Social Care Ombudsman and acknowledge the concerns identified with services delivered by one of our suppliers during the last school year.

"We are sorry that the experience of children and families fell short of the high standards we expect and we have already begun taking action to deliver the changes required."

Lottie Winson