Ealing Council payout after denying transport to school for children with special needs
| Published date | 11 April 2024 |
| Publication title | MyLondon (England) |
In the first case, a child was attending a special needs school more than three miles from his home. His mother made a request to the council to provide transport for him to get to and from school.
She was refused, with the council saying that her child's special needs did not meet the criteria required to be offered the service. It also said free transport is available by public bus from Transport for London lasting 48 minutes which it considers suitable.
When she appealed the decision the mother told the council that her son needed special support because she does not drive; her son has autism, is anxious and displays challenging behaviour when travelling and is unaware of danger and runs into traffic.
She also added that he has sensory issues with noise and crowded transport and as a result, the walk to the bus stop could take 30 minutes instead of 10 and her son would not arrive at school in any condition to learn. The father works and is unable to take his son to school by car.
The council refused her appeal again saying that her son's circumstances were not severe enough to warrant the support. She appealed a second time and was told that the council had considered all the difficulties that may occur during the journey, but decided one parent was available to accompany the child.
The Ombudsman found a number of faults with the council's response to the mother, particularly regarding the idea that accompanying her child on the bus made it 'suitable' transport. In its consideration, the Ombudsman wrote: "The Council continued to rely on its decision Ms M [mother] should accompany B [son] on the bus to school to make the transport provided by Transport for London suitable. There do not appear to be any grounds in the legislation or statutory guidance for the Council to reach this decision. This is fault."
It added that the student is not expected to walk to school because he lives beyond the statutory walking distance of three miles. It concluded that there is nothing in the legislation or guidance for the council to decide whether a parent must...
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