Sandwell Council 'got it wrong' after failing to provide school transport for special needs child

The local authority received the application from the parents of the youngster, who attends a school more than three miles away from his home.

The school was the only one the council identified in the child's Education, Health and Care (EHC) Plan, which outlines the support required for a child or young person with additional needs.

Sandwell Council however turned down the parents' request, which left them and other family members with the task of transporting the boy to and from school since August 2023.

The parents made an appeal, which was rejected by the local authority.

The council claimed it had only agreed to identify a preferred school in the boy’s EHC Plan on the understanding the family had accepted responsibility for transport.

The Local Government and Social Care Ombudsman launched an investigation into the authority and found it did not follow the correct procedure when deciding whether school transport should be provided.

It identified that only one school was named in the boy’s EHC Plan so it became his ‘nearest suitable school’ and that he should qualify for transport funding.

The investigation further found fault in the way the council handled the parents’ appeal, as it failed to keep any records of the hearing.

The panel also did not consider whether there was a suitable school with places available nearer to the boy’s home and did not give the parents the opportunity to attend the appeal hearing.

Ms Amerdeep Somal, Local Government and Social Care Ombudsman, said: "Councils must provide help or transport for children to attend their nearest available school with places, if it is more than the set distance away from home. This distance will depend on the child’s age.

"In this case, the boy could only attend the school identified in his EHC Plan and the council should therefore have made suitable home to school travel arrangements for him, but it did not do so.

"Because the council has got this wrong, the boy’s parents and other family members have had to rearrange their days or alter their working patterns to take him to school instead.

"Caselaw has been quite clear on this subject for more than 10 years, and in 2023 clear statutory guidance was issued on this topic, so there is really no excuse now for councils to get these sorts of decisions wrong.

"I am pleased the council has agreed to look again at its policy and hope this will make things more transparent for both staff and parents in future."

The watchdog said the council has agreed to apologise to the parents and put in place school transport for their son.

It will also make a payment to the mother to reflect the cost she and other family members have incurred transporting her son to school.

The council has also agreed to pay the father a symbolic amount of £100 for the time and trouble of making the complaint.

The Ombudsman added that the council will arrange staff training for decision makers and appeal panel members.

It will also review its policy to ensure it provides clear information about the tests it must apply when deciding whether to pay for transport or provide travel assistance and the action it will take when parents’ preferences are incompatible with efficient use of resources.

A Sandwell Council spokesperson confirmed it will send the family a "formal apology".

They added the authority had seen a "significant increase" in demand for support for children with special educational needs and disabilities (SEND).

A statement said: "We acknowledge the findings of the Ombudsman and apologise to the family for the distress this matter has caused them.

"We confirm that the actions, as set out in the Ombudsman report, are already underway and we will be in touch with the family to send a formal apology and to make arrangements for payments.

"Transport to and from school is now being provided to the child and has been in place since the start of this school year.

"Like many local authorities, we are seeing a significant increase in demand for support for children with SEND, with a 51 per cent increase in the number of children with an EHCP since 2019.

"We have already commenced a review of our services so that we can provide the best possible support to children and their parents and carers, and will incorporate the points raised by the Ombudsman’s report into this work."