Council rapped for failing to meet student’s SEND transport costs

Expert warns 'most local authorities are trying to cut costs' through post-16 SEND transport

Expert warns 'most local authorities are trying to cut costs' through post-16 SEND transport

15 Jun 2023, 18:10

More from this author

A mother has been awarded almost £3,500 in compensation after a council refused to pay to transport her son, who suffers with anxiety, to college.

The young adult, who has an education, health and care plan, spent three academic years being driven to and from college by his family as Stockton-on-Tees Borough Council “failed to recognise its duty to arrange free transport”, a report by the Local Government and Social Care Ombudsman found.

The review also highlighted an inadequate appeals process and poor record-keeping that led to long delays in addressing the mother’s concerns.

The council has agreed to apologise to the mother and reimburse her fuel costs and for the “distress, uncertainty and time and trouble” caused.

Local authorities do not have to provide free or subsidised post-16 travel support but have a duty to “encourage, enable and assist young people with learning difficulties/disabilities (SEND) to participate in education, up to the age of 25”, according to government guidance.

Young people with SEND qualify for free transport where a council assesses that, in order to attend education, they require transport arranged by the local authority.

Ali Fiddy, a solicitor and chief executive of the Independent Provider of Special Education Advice (IPSEA), said post-16 SEND transport was an area where “most local authorities are trying to cut costs by changing or limiting the offer”.

In a speech at the NATSPEC annual conference this week, she described the issue as a “real lottery” and “worrying issue” for families once their child leaves school at age 16. She said it was “very difficult to challenge” a council when it refuses to provide free travel for SEND learners in further education.

The Local Government and Social Care Ombudsman reported that the young adult in Stock-on-Tees was originally travelling to college in shared transport, paid for by the council. But, when his mother said it was no longer suitable because of his anxiety, the council failed to “properly consider the mother’s concerns or make other suitable arrangements”.

The ombudsman found the council’s post-16 transport policy “was not in line with its statutory duties”, adding that the council should have provided transport free of charge “if it considered transport necessary”. Instead it required a contribution from the mother.

The investigation also found the council’s appeals process did not follow statutory guidance – it did not offer a hearing at stage two of the complaints process, and then did not direct people who were unhappy to the ombudsman.

Additionally, the ombudsman criticised the council’s poor record-keeping: it did not have a central system for recording decisions, which would have allowed these to be accessed after staff left.

Paul Najsarek, the Local Government and Social Care Ombudsman, said: “The council’s responses to my enquiries, and its current transport policy, leaves me concerned that there are systematic issues in Stockton that may be affecting other young adult learners who have education, health and care plans.

“I am also particularly concerned that the council is not signposting parents to my office if they are unhappy with the outcome of any complaint about its appeals process.

“I am therefore pleased the council has accepted my recommendations to improve its processes and policies to ensure other young adults – and their families – are treated fairly and in line with statutory guidance.”

Stockton-on-Tees council has now agreed to pay the mother £3,432.50.

The council has also agreed to amend its letters, templates and policies to ensure they fall in line with statutory guidance and refer people to the ombudsman, and provide training and guidance to staff responsible for school and college transport on its new policy.

Councillor Bob Cook, leader of Stockton-on-Tees Borough Council, said: “We recognise the findings of the ombudsman and have offered our apologies to Ms X, who we will also reimburse for fuel costs. 

“Steps have now been taken to ensure this does not happen again, including updating the relevant policy and procedures.” 

Latest education roles from

Chief Education Officer (Deputy CEO)

Chief Education Officer (Deputy CEO)

Romero Catholic Academy Trust

Director of Academy Finance and Operations

Director of Academy Finance and Operations

Ormiston Academies Trust

Principal & Chief Executive

Principal & Chief Executive

Truro & Penwith College

Group Director of Marketing, Communications & External Engagement

Group Director of Marketing, Communications & External Engagement

London & South East Education Group

Sponsored posts

Sponsored post

Supporting the UK’s Transport Decarbonisation Plan Through Skills

The UK Government’s Decarbonising Transport: A Better, Greener Britain strategy sets a legally binding path towards a net-zero transport...

Advertorial
Sponsored post

Project power: ASDAN expands its qualifications portfolio

From 2026, ASDAN’s planned Foundation and Higher Project Qualifications will sit alongside its Extended Project Qualification[CM1] , creating a complete...

Advertorial
ATAs

Spotlight on excellence: Nominations now open for the Apprenticeship & Training Awards 2026

Nominations are open for the 2026 Apprenticeship & Training Awards, celebrating outstanding employers and providers with national recognition, a...

FE Week Reporter
Sponsored post

Funding Adult Green Skills

New sources of funding are available to finance the delivery of green skills to all learners. Government policy is...

Tyler Palmer

More from this theme

Adult education, Apprenticeships, Colleges, SEND, Skills reform, T Levels

FE ‘engine’ running on fumes as MPs call for funding and pay reforms

Education committee makes 40+ wide-ranging recommendations concluding its future of FE inquiry

Anviksha Patel
SEND, Skills reform

MPs demand funding and transport guarantees for FE SEND students

Post-16 SEND students are ‘rarely prioritised’ says education committee

Anviksha Patel
SEND

SEND deficits to be kept off council balance sheets for two more years

SEND deficit 'statutory override' protecting potentially scores of councils from insolvency extended to 2028

Freddie Whittaker
Colleges, SEND

FE Commissioner: Beware of ‘hero’ principals and ‘dominant’ chairs

Natspec's annual conference also hears that the future of post-19 EHCPs 'has not been agreed' ahead of major SEND...

Shane Chowen

Your thoughts

Leave a Reply

Your email address will not be published. Required fields are marked *