GLD Vacancies

SPOTLIGHT

A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

Ombudsman tells council to amend school transport policy after failure to act on earlier complaint

The Local Government and Social Care Ombudsman has criticised Medway Council for failing to review its home to school transport policy following an earlier complaint.

The previous complaint involved Medway not providing school transport to a girl whose mother chose to send her to a school which was not her nearest qualifying school.

The council said it would not provide transport even though the girl would not have been given a place at the nearest school, had her parents chosen it.

The LGO found the council at fault for not amending its policy following the recommendations the Ombudsman made in the earlier investigation in 2016.

The council has agreed to pay for the girl’s transport costs since September 2017 because the school she attends is now the nearest school due to a route change. It should continue to provide transport for the daughter to her current school.

However, the LGO said Medway should also:

  • reimburse the mother for the costs she incurred back to September 2016, along with interest on her transport costs;
  • pay her mother £100 to remedy the injustice caused by the delay in undertaking the previously agreed settlement;
  • amend its home to school transport policy to take into consideration the availability of places, where the applicant applied for the nearest school in the original admissions round but put another school as a higher preference.

Michael King, Local Government and Social Care Ombudsman, said: “While I appreciate the council has considered its policy on home school transport, it has not done anything to change it. The aim of my earlier recommendation was that it should make the necessary changes to comply with statutory guidance.

“I hope the council will now carry out the actions it agreed following my earlier investigation, and provide the remedy I have now recommended to ensure other children in its area are not disadvantaged by its incorrect policy.”