Disabled young woman failed by council following misunderstanding of way education transport should be funded for different age groups: Ombudsman

The case concerned a young woman, who has complex learning difficulties and an Education, Health and Care Plan (EHCP).

The woman, who is over 19 and cannot travel independently, had received free transport to her education setting since the age of three.

However, when she started college in September 2024, the council offered her family just £1,200 a year towards travel costs, despite its own figures showing the true cost of suitable transport could be as much as £15,200 a year.

The Ombudsman observed there are different legal requirements for disabled adult learners aged 19 to 25 with an EHC Plan compared to sixth form students, and that the council “confused the two”.

The report noted: “This meant the young woman’s mother spent more than a year driving her daughter to college, and eventually had to use money from her daughter’s care budget to pay for transport - money that was meant to support her independence, not take her to college.”

The investigation found the local authority’s handling of the case - including two failed appeals - caused the family “unnecessary distress, financial hardship and wasted time”.

To remedy the injustice caused, the council was recommended to:

• Apologise to the mother and pay her £500 in recognition of the trouble caused;
• Look again at the young woman’s case using the correct rules, and repay any transport costs the family has covered if it decides free transport should have been provided;
• Review similar cases to check whether other disabled young adults in the same situation were also affected and may be owed free transport;
• Update its transport policy and retrain staff.

Amerdeep Clarke, Local Government and Social Care Ombudsman said: "Because of the council’s misunderstanding of the way education transport should be funded for different age groups, this young woman's access to education was put at risk, and her mother was left to pick up the pieces — financially and practically.

“This is not an isolated case, and we are finding similar faults being made by councils up and down the country when they confuse the different rules for pupils of compulsory school age, sixth form, and adult learners with an EHC Plan. Councils have a clear duty to look at each person's circumstances individually, and to apply the right rules for adult learners with an EHC Plan.

“In this case, the council did neither. I am pleased it has now agreed to reconsider its decision, and hope the lessons from this case will ensure this does not happen to anyone else."

A council spokesperson said: "We fully accept the Local Government and Social Care Ombudsman’s decision and we will be contacting the family directly to offer a formal apology. We will take forward the learnings as part of our ongoing commitment to ensure families are able to access the appropriate transport support they are eligible for."

Lottie Winson