The Ombudsman's final decision
Summary: Mrs X complained the Council did not provide suitable transport for her son, Y. We have found no fault with the Council’s actions regarding the provision of school transport for Mrs X’s son.
The complaint
Mrs X complained the Council provided unsuitable transport for her son, Y during 2022 and 2023. She says the lack of air-conditioning during the extreme hot weather triggered an increase in Y’s seizures due to his body being in distress.
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 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) 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 considered Mrs X’s complaint and spoke to her about it.
I 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
Legislation and guidance Education Act 1996 The Act says that councils have a duty to make travel arrangements to and from school for eligible children. It is for a council to decide how it will arrange free travel for an eligible child. However, some arrangements, such as providing expenses (or a personal travel budget) to enable the parent to make their own arrangements, requires parental consent.
Hot weather and health: supporting vulnerable people The Government published guidance to assist professionals in protecting vulnerable people from the health impacts of severe heat in England.
It recommends that relevant Council managers sign up for Heat-Health Alerts. The guidance details actions that providers of social care should consider when [preparing for each Heat-Health Alert (yellow, amber or red). It says it is important to share the guidance with all relevant staff.
The Council’s implementation of the Government guidance The Council is registered to receive the Heat-Health Alerts.
The Government guidance is mainly aimed at social care workers, but the Council has adopted the approach for staff involved with children and young people with Special Educational Needs and Disabilities (SEND) and complex medical needs.
Prior to heatwaves/sever weather conditions, the Council contacts all staff to inform them and ask them to report any issues regarding air conditioning/heating. When it receives these reports, the Council works with contractors to resolve the issues as quickly as possible.
All staff are aware of the impact of heat on passengers as it forms part of the first aid training they receive. Staff are also contacted via a messaging service to remind them of protocols/procedures during extreme weather. The Council also issues text message warnings to parents warning them of the conditions.
The Council’s School Travel Assistance Policy The policy contains a section about adverse weather. It says the Council will endeavour to reduce the impact that adverse weather may have on the service but in the event of severe weather conditions, it may: inform the parent that the regular service the child/young person is allocated to may be delayed; change the vehicle the child/young person is allocated to; change the Passenger Assistants(PAs)/drivers allocated to the vehicle; change the type of travel arrangements in place for a child/young person; cancel the travel arrangements in place for a child/young person.
It says it will only cancel travel plans when it is deemed necessary to guarantee the health and safety of the passengers, PAs and driver.
The Council does not own any school transport vehicle, it uses a supplier. The Council SEND School Transport Service Specification states that the supplier shall ensure that all vehicles are adequately heated, air conditioned or ventilated at all times.
There is no legal requirement for councils to provide air-conditioned vehicles.
What happened
Background
Mrs X’s son, Y has SEND and complex medical needs, including seizures. The Council provides home to school transport for Y.
In March 2022, the Council carried out a passenger risk assessment for Y. This identified his medical needs and the measures needed to limit the level of risk to Y. The assessment identified that Y needed a passenger assistant (PA).
Following the change from a minivan to a minibus, Y began to have more seizures. Mrs X thought it could be due to the vehicles centre of gravity/height of wheelbase. The Council agreed to use a vehicle with a low centre of gravity for Y’s transport, as it reduced the impact that the motion of the journey had on his seizures. Mrs X said coincidently, this was an older vehicle with no air-conditioning.
2022 heatwave In summer 2022, the UK experienced the highest temperatures on record. Mrs X said Y was returning home from school drenched in sweat and suffering from multiple seizures. Mrs X said she raised concerns with the Council about the high temperatures in her son’s vehicle and the lack of air conditioning.
During the hot weather alerts, the Council contacted Mrs X. It acknowledged that Y’s vehicle did not have air-conditioning, and Mrs X did not feel it was suitable. The Council offered Mrs X a personal travel budget (PTB) to make her own travel arrangements for the hot days. As a part of this, the Council offered Mrs X a PA arranged by the Council to accompany Y on the journey. This was Y’s regular PA who was trained in his specific needs.
Mrs X said the journey to school was approximately 25 minutes each way so on occasion, she could manage to escort Y and then go to work.
The Council said, based on the few days of the year that there are severe weather warnings, and the vehicle’s suitability to Y’s needs, the Council assessed this as a suitable solution in the event of hot weather.
2023 heatwave Mrs X said that as a family, they prepared for another hot summer after suffering from the effects of the 2022 heatwave. She said the Council did not learn from the previous year, and the same problems reoccurred.
In June 2023, when the Council received an amber weather warning, it offered alternative travel options to Mrs X. These were the same arrangements as Summer 2022. The Council said Mrs X refused the offer of a PTB for black cabs or to arrange her own transport.
Mrs X said the Council changed its policy so that the PTB offered by the Council covered the cost of a back cab and the passenger assistants/escort to be arranged by the parents. Mrs X said she was not given enough time to employ a specialist escort and it was not possible for her or her husband to escort Y as they both work. The Council disputed this, stating the offer was the same as 2022 and included Y’s regular PA.
Mrs X said one of the reasons she could not escort Y was due to the Council designating Low Traffic Neighbourhoods (LTNs). LTNs restrict the type of vehicles that can use local residential streets. Mrs X said this meant if she escorted Y to school in a black cab, the route was much longer, and it was not possible given her need to work.
The Council challenged Mrs X’s comment that the LTNs in place in the area would make it impossible for Mrs X to escort Y. The possible route between Y’s home address and the school that he attends is not directly affected by any of the Council’s LTNs.
During the summer, the transport provider retrofitted fans into Y’s regular vehicle. The Council said that it worked with the contractor to ensure the fans were fitted safely and were effective. It said that officials from the transport department tested the temperature in the vehicle before it was used by passengers.
Mrs X did not feel the addition of the fans were effective.
The Council explained that there was a shortage of low wheelbase welfare vehicles suitable for Y’s needs. It said the retrofitted fans were suitable mitigation to reduce the internal temperature in the vehicle on the few occasions where there were amber warnings for hot weather.
The Council said when amber warnings were issued, it offered alternative solutions if the parents were not satisfied with the retrofitted fans.
In September 2023, the Council reviewed Y’s passenger risk assessment. This identified that Y needs a vehicle with suitable ventilation to reduce the temperature inside the vehicle. The Council worked with the contractor and a new air-conditioned minibus is now used to transport Y.
My findings
The Council has a duty to make travel arrangements to and from school for eligible children. It acknowledged that during periods of extreme hot weather, Y’s non-air conditioned vehicle may not have been suitable and offered Mrs X other options.
In 2022, Mrs X accepted the PTB and used the black cab/escort offered by the Council. Therefore, the Council discharged its duty.
The extreme temperatures only affected a limited period and Mrs X accepted the the alternative travel arrangements in 2022. Therefore, I consider it reasonable that the Council did not make significant changes to its policies and procedures before 2023.
In 2023, the Council offered Mrs X the same arrangements as the previous year. Due to a number of reasons, Mrs X refused the offer. The Council continued to transport Y to and from school in the regular vehicle and therefore discharged its duty.
Towards the end of summer 2023, the Council amended Y’s risk assessment to specify the need for a well ventilated air-conditioned vehicle. It then worked with the contractor to provide this for Y from September 2023. I consider this to be a positive outcome, one that I would have been unlikely to achieve.
Final decision
I have completed my investigation. I have found no fault with the Council’s actions regarding the provision of school transport for Mrs X’s son.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman