The Ombudsman's final decision
Summary: We have found no fault with the school transport provided on behalf of the Council for Mrs X’s son, Y. We have completed our investigation.
The complaint
Mrs X complained the school transport for her son (Y) with SEN was inadequate and the council did not take responsibility or resolve problems. She said: The vehicles are unsuitable.
She has to frequently travel with Y when there is no passenger assistant.
The vehicles breakdown and there is no suitable back-up plan.
The staff are untrained and will not fasten Y into his harness.
She is out of pocket for the number of times she has taken Y to school.
The Ombudsman’s role and powers
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 an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended) We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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)
How I considered this complaint
I have considered Mrs X’s complaint and have spoken to her about it.
I have also considered the Council’s response to Mrs X and to my enquiries.
Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Special educational needs and disability (SEND) home to school transport legislation and guidance The Council does not currently have a policy regarding the transportation of children with SEN. It said one is currently being drafted.
The Council has guidance documents which set out the parents’, driver’s and escort’s responsibilities as well as the emergency procedures in place.
It says it is the parents’ responsibility to: Bring the child to and from the vehicle at an agreed time.
Fasten the child’s seatbelt (where this is not possible and it is the driver/escort’s responsibility, it will be specified in the child’s risk assessment).
The Council has a process where parents can claim a parental grant if they have acted as the passenger assistant or driver.
What happened Mrs X’s son, Y has SEND. The Council provides transport for him between home and school.
Parental grant In October 2020, the Council wrote to Mrs X to confirm she was entitled for a parental grant to transport Y to and from school. The Council enclosed parental grant claim forms and explained the process. Mrs X said she was not able to claim for September 2020 as the grant was not available until 1st October.
Between September 2020 and September 2021, Y’s transport operator did not claim for 19 days travel/38 journeys. These were days that Y didn’t attend school; the passenger assistant was sick or the vehicle broke down. The Council said it does not automatically pay Mrs X for these days. She would be expected to make a claim.
Y’s harness In November 2021, the Council contacted the school transport provider. It suggested it would be beneficial for the passenger assistant to be trained in how to fasten Y into his harness. The Council also discussed the size of vehicle the company used for Y and the need for a driver shield in smaller vehicles.
I have seen no evidence that the school transport provider agreed to the Council’s suggestions.
My findings
Parental grant The Council acknowledged that Y’s school transport was not the most reliable. It told Mrs X in 2020 that it would pay her for the occasions that she took Y to/from school or acted as the passenger assistant.
The Council has paid Mrs X for those occasions when she has submitted the claim forms. I have found no fault with the Council for not automatically paying Mrs X for the missed trips. Although the Council does not have a specific policy setting out the parental grant arrangements, the parent guidance, and the forms themselves make it clear that the parent needs to make a claim.
Y’s harness Y’s Risk Assessment does not include a requirement for the driver/escort to fasten Y into his harness. Therefore, as set out in the guidance, it is the parents’ responsibility.
I understand that the Council discussed the issues surrounding Y’s harness with the transport provider. However, I have seen no evidence to suggest the provider agreed to be responsible for the fastening of Y’s harness. The evidence I have based my decision on is Y’s risk assessment. This does not specify it is the driver/escort’s responsibility. The Council was not at fault for ensuring the provider secured Y’s harness.
Final decision
I have completed my investigation. There is no fault with the Council’s actions regarding Y’s school transport.
Investigator's decision on behalf of the Ombudsman