Education Expert Comments On Legal Impact Of Council Changes

A growing number of parents are raising concerns about their children being affected by council cuts to school transport, the Local Government Ombudsman has said.

In a new report, the watchdog said it was upholding more complaints from parents and carers who have to find new ways to get their children to school after councils change their policies.

But the Local Government Association said local councils were finding it increasingly difficult to offer transport for pupils due to “sustained financial challenges”.

The ombudsman received 261 complaints about school transport in 2015-2016, compared with 160 the year before – an increase of 63 per cent. The complaints related to issues such as councils neglecting to inform parents about proposed policy changes, a lack of clear information to help parents make decisions, and substandard decision-making.

In the case of children with special educational needs (SEN), there were also issues around failing to take into account health and safety problems related to a youngster’s needs when deciding if they were eligible for school transport.

In one case, a teenager with autism was affected when his local council altered the way it applied its transport policy and stopped providing him with a taxi to school. They suggested instead that he walk for a mile along a route with no footpath, before boarding a train then catching a bus – despite the fact that the boy’s conditions meant he had a diminished awareness of danger and difficulties with loud noises.

Local Government Ombudsman Michael King said: "While I appreciate the financial strain councils are under, parents and carers can only have trust in their council's decision making if they are kept properly informed throughout the process, and told clearly the reasons for any decisions made."

Richard Watts, of the Local Government Association, said: "“Councils continue to face significant funding pressures, amid further cuts to funding by central government.”

“Local authorities are working hard to ensure suitable travel arrangements are made for children who could not reasonably be expected to walk or would otherwise find it difficult to attend school because of distance, mobility, special educational needs or the routes they have to take. However, this is becoming increasingly difficult in the face of such sustained financial challenges."

Sarah Woosey, solicitor and education expert at Irwin Mitchell, said:

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