Wandsworth Council said it was taking steps to achieve a positive outcome for the family
A South London dad claimed he had to spend £400 a month driving his disabled son to school, after a council declined to help him with the costs. A watchdog ordered Wandsworth Council to reconsider its decision as it found it had failed to properly consider the dad’s appeal.
The dad, named Mr X in the Local Government and Social Care Ombudsman report, said his son was going to the closest suitable college but could not travel independently because of his special educational needs. The council previously helped the family with petrol costs to take the boy, referred to as D, to secondary school.
The authority told Mr X in July 2024 it would not continue to help with the costs of D’s school transport when he moved to college that September. Mr X appealed the decision, which the council rejected in August.
In its response to Mr X’s appeal, the council said: “SEND (special educational needs and disability) travel assistance is only provided for young people with complex or severe needs… we did not feel that there were any safety concerns or that you are on a low income to offer travel assistance on discretionary grounds.”
Mr X appealed the council’s decision, as he argued the authority had not considered all of D’s needs. He said the family was on a low income and received benefits. But the council rejected Mr X’s appeal in October, ruling there was not enough evidence to justify providing the support.
The council’s policy says it has no duty to provide free or subsidised post-16 SEND travel support, but that it will assess whether it can help those who meet the eligibility criteria – including people with severe disabilities, those with an education, health and care plan and students attending the nearest suitable placement that is more than three miles from their home.
The Ombudsman ruled the council was at fault in how it considered Mr X’s appeal. It found the council wrongly believed D’s college was two miles from his home as it was considering the distance to his old secondary school, when it was actually 15 miles away. It also said the council could not have properly considered the family’s income as it did not ask for details of this or the costs of the journey to college.
The watchdog said the council’s records did not explain why the family was considered ineligible, or show it had properly considered their circumstances. It found Mr X was not given the chance to attend the stage two appeal panel as he should have been, and that the council did not fully record the reasons for rejecting his appeal the second time.
The report said: “There was fault in how the council considered the appeal which calls into question the outcome. This causes uncertainty for Mr X about whether the council may have provided a travel assistance budget if it had properly considered the appeal. The council’s failure to properly consider the case or explain its reasoning to Mr X also caused him distress and confusion.”
The watchdog ordered the council to apologise to Mr X, pay him £200 and reconsider his appeal. It said the authority should repay the family money owed if it decided to help them with the costs.
The Ombudsman also told the council to correct contradicting information it had found in its appeals process for post-16 SEND transport support decisions.
Labour councillor Judi Gasser, Cabinet Member for Children, said: “We take the safety and wellbeing of all children extremely seriously. Ensuring that every child receives the support they require remains one of our highest priorities.
“We accept the Ombudsman’s findings and very much regret the distress this has caused for this family. We have offered a formal apology and paid the compensation as ordered.
“We are taking steps to ensure a positive outcome for the family. Importantly, we are committed to learning from this experience and are reviewing our processes to strengthen our services for all children and families. We are dedicated to continuous improvement so that every child in our care is given the best opportunity to thrive.”
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