A parent who claimed that Newham Council did not “properly consider” her child’s “ability to safely walk to school” has had her complaint upheld by the local government watchdog.
Last year, the mother applied to Newham Council for school transport, explaining that her child, who has special educational needs (SEND), cannot make use of the free public transport to which he has access.
This is because, according to educational records, he has “no awareness of dangers” and “relies on close supervision to ensure [he does] not run onto the road”.
Following the parent’s complaint to the Local Government and Social Care Ombudsman, the watchdog ruled that the council should apologise and properly reassess the parent’s application.
The Ombudsman also said that the council should be assessing each child on a case-by-case basis.
It ruled that the council should have carried out the relevant tests to consider whether or not the child, who attends a specialist secondary school just over a mile from home, could reasonably be expected to walk to school and not whether he could travel safely on a public bus.
The watchdog added that the council had not provided evidence to support its decision-making.
The council first refused the application the on 31 July last year, and again at a subsequent appeal on 1 October. It contended that the child had access to free public transport and that his health needs did not hinder him from using this transport with a guardian.
When the child’s mother became pregnant in March 2025, the council overturned the decision and offered to provide a temporary taxi allowance until July 2025 - the end of the school year.
The council also agreed to backdate to the allowance to the 20 January, on proof of the child’s school attendance.
Responding to the ombudsman’s investigation, Newham Council said that the temporary taxi allowance was made in “good faith” and that the child was still not eligible for transport assistance.
The watchdog ruled that Newham Council should not only to apologise and re-assess the application but also “remind staff to properly consider an applicant’s specific circumstances”.
It also said that if the council again denies the child’s eligibility, any appeal should be conducted by a different assessor and that the case should considered in detail.
If a new application is granted, the ombudsmen suggested that the council make a £250 payment, “in recognition of the distress caused by the failure to reach this decision sooner.”
A Newham Council spokesperson said: “We have accepted the Ombudsman’s findings in full. The family have received an apology and the case has been re-heard. We regret the upset caused and are determined to ensure families experience a fair and transparent service in the future.”
