The Ombudsman's final decision
Summary: We will not investigate this complaint about support the Council has agreed to provide for Ms X’s child to travel to post 16 education. This is because there is not enough evidence of fault to warrant an investigation.
The complaint
Ms X complains the Council has not provided transport for her child to access post 16 education despite the fact they have an Education, Health and Care Plan (ECHP).
Ms X says the Council’s decision has caused significant stress for her and her child. She is seeking a reconsideration of the Council’s decision and suitable door-to-door transport to be put in place.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X applied for transport for her child to attend post 16 education at the college named in their EHCP.
The Council agreed to provide a Personal Travel Payment to be used to help Ms X’s child attend education.
Ms X complained the payment will not cover the cost of the support her child needs. She says her child cannot travel alone and no shared transport is available to her, so the Council should arrange suitable transport.
There is no obligation on the Council to provide transport to post 16 education, even if they have an EHCP. Any support provided is at the Council’s discretion.
The Council has a duty to have a policy for how it will deal with requests for transport support, and to make its decisions in accordance with that policy.
The Council has explained its policy is to offer Independent Travel Training, or the Personal Travel Payment where an applicant meets its eligibility criteria.
It also explained that in certain circumstances it will provide shared transport where it is available, but in this case there is no such transport available.
It is clear the Council has considered the application against its policy and made its decision accordingly.
Although Ms X says the support offered is not enough, the Council has met its statutory duty and complied with its relevant policy.
Final decision
We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify an investigation.
Investigator's decision on behalf of the Ombudsman