Local authorities have been urged to be wary of changing school transport policies without checking prior commitments after a council was told to reinstate a boy’s travel pass.
Birmingham City Council had told the boy he would receive a free pass throughout his secondary school years from 2012 to 2017. But after reviewing its policy it withdrew the pass in September 2013, despite the boy’s family having a letter promising him transport until he finished school.
The Local Government Ombudsman found that the family had a ‘legitimate expectation that the boy would receive free home-to-school transport for five years as the commitment in the letter they received was precise and not open-ended’.
The council has been asked to apologise, reinstate the travel pass until 2017, reimburse the family for travel costs over the last year and pay £100 to the boy’s mother for the inconvenience of having to pursue the complaint.
Dr Jane Martin, Local Government Ombudsman, said:?? ‘I would urge other councils in a similar position to check carefully whether they’ve made any firm commitments to families about school transport funding to ensure that they do not promise a service they might not be able to deliver in future. While councils are entitled to review their policies, as per statutory guidance, it is not right that families suffer if they backtrack on a commitment.??
‘The council was aware, at the time of writing to the family with a dated promise, that there may be future cost implications and officers could have clearly explained that the offer could be subject to review. Had the authority done so I may not have found fault with its decision.’