A council has apologised to a woman with complex learning difficulties who it did not provide with sufficient funding for her transport to college.
Royal Borough of Windsor and Maidenhead Council had granted the woman, who is aged over 19, only £1,200 annually in travel costs.
The woman has complex learning difficulties and an Education, Health and Care Plan (EHCP). She is unable to travel independently and had previously been given access to free transport to her education setting since the age of three.
Furthermore, according to the Local Government and Social Care Ombudsman, the local authority’s own figures value sustainable transport costs at up to £15,200 per year.
It found that the council had confused the legal requirements for adult learners with disabilities and an EHC Plan aged 19 to 25 and the requirements for sixth form students.
Due to the council’s management of the case, the woman’s mother spent over a year driving her daughter to college.
The Ombudsman also noted that the mother was required to use funds from her daughter’s care budget to cover transport costs, despite the money not being intended to be used for these purposes.
Following two failed appeals, the Ombudsman resolved that the local authority’s actions had ‘caused the family unnecessary distress, financial hardship and wasted time’.
The council has now agreed to apologise to the mother, as well as paying her £500 in compensation for the trouble. Additionally, it is to examine the woman’s case again in accordance with the correct rules, then reimburse the family for any transport costs they had paid if it is found that free transport was warranted.
To support future improvements and prevent the same mistakes from occurring, the council will be updating its transport policy and retraining staff, while revisiting similar cases to ensure other young adults with disabilities are receiving free transport if they are owed it.
Mrs 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.’
Mrs Clarke added that the case is not an isolated incident and said she is pleased that the council has agreed to reconsider its decision.
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.’
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