College transport appeals to be reviewed in East Sussex

East Sussex County Council is to review the cases of some young adults who were refused college transport in light of a recent ombudsman’s report.
East Sussex County Council HQ in LewesEast Sussex County Council HQ in Lewes
East Sussex County Council HQ in Lewes

At a virtual meeting on Thursday (April 30), lead member for education Bob Standley agreed to introduce a revised policy on home-to-school transport   and review cases refused under the previous policy, after criticism in a report by the Local Government and Social Care Ombudsman (LGSO).

The report – which had been discussed and accepted by the council’s governance committee last week – concerned the case of a 19-year-old man with a learning disability who had been refused a full five days of travel to college, despite this support being named in his Education, Health and Care (EHC) Plan.

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After looking into the matter, the ombudsman found that an appeal against the council’s decision (and several others) had been reviewed by a panel using a flawed policy.

While Cllr Standley accepted the recommendations, several of the councillors present raised concerns about the decision conflicting with previous findings from the ombudsman.

They included Cllr Sylvia Tidy,  lead member for Children and families, who said: “The fact the ombudsman has actually changed its mind and way of dealing with these [cases] does give me a bit of angst.

“What I would really like to know is if the [ombudsman] doesn’t come back to us how is the panel going to be able to operate in the future. 

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“I agree with the changes we have made, but it does concern me that if the panel’s decision is not to be taken and the ombudsman keeps changing its mind, then how are we going to be able to work to the policy we’ve put in?”

In response, the council’s director of children’s services Stuart Gallimore said: “The bottom line is that  we will have a revised policy. That will be the policy that officers will work to. That will then be the policy that members will work to when they are involved in the appeal panel.

“Clearly if a parent were to find themselves feeling it was necessary to appeal to the ombudsman in the future, then we would stand on that policy. 

“We would again stand on the fact our policy is the very policy that has been agreed by the Local Government Ombudsman.

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“In a sense that is all we can do. All we can do is worry about the things we can control and manage, accepting that is what we thought we were doing the last time as well.”

Concerns were also raised by Liberal Democrat councillor Kathryn Field, who chairs the council’s discretionary travel panel.

Cllr Field said: “The local government ombudsman isn’t one person; it is a whole office of people with different views all making different decisions.

“This is a shame. It has caused us to review, but I think I would probably be minded, unless I see more information, that the panel would stand by its decision.

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“But as I say it will need reviewing in light of any new information that can be given.”

She added: “I’m really glad someone is going to write to the LGO, because we have had examples before of their inconsistency. 

“We can’t be the only authority that suffers like this. We need to have a working arrangement with them and they need to understand that we see all the information and do work within policy.”

As a result of the ombudsman’s report, the council is to review the cases of young adults (19-25) with an EHC plan who were refused transport at appeal in 2018 and 2019.

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It will write to the young adults identified in its review and invite them to reapply for travel assistance (if still relevant) under its revised policy. 

There were five appeals for the academic year 2019/2019 and seven appeals for the academic year 2019/20.

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