The Ombudsman's final decision
Summary: The Council has failed to pay all outstanding education and transport direct payments to Ms X. This is fault and has caused unnecessary time and trouble and financial loss to Ms X. The Council has agreed to rectify the missed payments.
The complaint
Ms X complained to us in Summer 2025 that the Council: Had not paid money owed to provide education and special educational provision in an Education, Health and Care (EHC) Plan, and transport; Had failed to communicate with the family.
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(1), as amended)
How I considered this complaint
I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.
Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).
What I found
What happened Ms X said up to Summer 2023 she received a personal education budget for her daughter who had an Education, Health and Care (EHC) Plan naming Education Otherwise than at School (EOTAS) provision under s.61 Children and Families Act 2014.
Ms X told us her child started sixth form at a college in Autumn 2023, and they asked for the personal education budget and personal transport budget to continue.
Ms X says the Council sent a letter saying the EHC Plan would continue. Ms X said when she contacted the Council about outstanding payments, she received either no response or unclear responses.
Ms X made a formal complaint in September 2024 when payment for transport for 2023/4 remained outstanding and payments for 2024/5 had not been made.
The Council upheld the complaint and advised Ms X would be refunded transport costs and it would pay her £500 to acknowledge the impact of the fault, which included delay after the stage one complaint response.
Ms X told us she later received a letter stating she was only due a much lower sum for costs than previously advised.
Ms X said there had been previous difficulties over payment in previous years.
In June 2025 the Council recalculated the payments, as it had used the wrong daily rate for college transport for 2023/4. Ms X however continued to dispute the payments were accurate.
In October 2025, following an enquiry from us, the Council reviewed the matter again and decided Ms X had not received all the payments promised and paid a further sum to Ms X.
Ms X still did not consider all the money promised for provision and transport had been paid.
Analysis I identified the Council had missed three transport payments that it had previously agreed to pay. The Council has agreed to now make those payments.
Action
Within four weeks of my final decision the Council will pay Ms X missed transport payments totalling £1031.04.
The Council will provide us with evidence it has complied with the above actions.
Decision I find fault causing injustice. The Council has agreed action to remedy the injustice.
Investigator's decision on behalf of the Ombudsman