Ombudsman reminds councils not to make “blanket decisions” on post-16 school transport applications following complaints against city council

The Local Government and Social Care Ombudsman has said that councils need to consider families’ “individual circumstances” when offering transport solutions for teenagers over 16 with Special Educational Needs (SEN) to get them to school or college.

The reminder comes after the regulator investigated three complaints about the way Derby City Council failed to consider people’s circumstances when offering personal transport budgets, when the families said the only viable option was a taxi or minibus.

In all three cases, the council had decided it was necessary for it to provide support because the young people’s needs met the criteria set out in its own policy.

However, the Ombudsman found the council “did not then check whether the solution offered did the job of actually getting the young people to their school or college”.

The investigations found that the parents were expected to get their teenagers to school using the allowance but, where this left a shortfall in the full cost of their transport, the council failed to consider if this was affordable for each family.

In one case, a mother gave up work to drive her child to school because the amount offered by the council was not enough to cover the cost of the taxi she considered was necessary, which would have been £80 per day.

In another case, a mother said she and her partner were already using their own cars to get their other three children, who all had SEN, to their schools. She said a taxi was the only way to get her older child to school, but the budget offered by the council was too low to fund this.

The Ombudsman’s investigation found the family’s only option was to drop off their child late and pick them up early, and the child missed out on “vital” special education provision set out in their Education, Health and Care Plan.

Finally, in the third case, a mother was offered an allowance even though she did not drive. The mother therefore had to arrange a shared taxi with another family at a cost of £144 per day. The budget she was offered was £4,240 per year, a shortfall of more than £11,800 per year.

To remedy the injustice caused, the council agreed to apologise to the families concerned and provide the first family with £1,000 to acknowledge the time, trouble and distress of its faults.

It agreed to offer the second family £1,490 for the distress and time and trouble, plus a further amount to cover mileage expenses for 124 days attendance, and £1,600 to recognise the child’s missed school attendance.

Finally, it agreed to offer the third family £150 to acknowledge the time, trouble and uncertainty caused by its failure to consider their application properly.

The Ombudsman revealed that in two of the three cases, Derby City Council has already “reversed its decision and agreed to provide a taxi”.

The Local Government and Social Care Ombudsman, Amerdeep Somal said: “Councils must demonstrate they have considered the options offered to individual families, who are entitled to transport support, that actually provide a practical, safe and affordable solution to allow them to attend. They should not be given a simple ‘one size fits all’ blanket offer.

“Derby City Council has now accepted my recommendations to improve its service, including revising its policy. I hope this will mean it properly considers families’ applications in future.”

Cllr Paul Hezelgrave, Derby City Council Cabinet Member for Children, Young People and Skills, said: “While the council is unable to comment on individual cases, we accept the Local Government and Social Care Ombudsman’s findings in these three cases and have taken swift action to implement all recommendations set out in the report.

“The council offers high-quality home-to-school travel assistance to more than 1,000 children and young people every day. Through ongoing service and delivery improvements, we’re committed to making sure all eligible children, young people, and their families consistently receive excellent support.”

Lottie Winson