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Brighton & Hove City Council

Brighton & Hove City Council: the register

Ruling 23 004 544

Folio 318

Finding: Fault found

Go to the remedies

Finding recorded by the ombudsman
Upheld
Service
Education: School transport
Council
Brighton & Hove City Council
Body
Local Government and Social Care Ombudsman
Decided
Summary
Miss X complained about the outcome of a home to school transport appeal for her son, F. The Council was at fault. It accepted it failed to record the panel’s deliberations and show how the panel arrived at its decision to refuse F school transport. It also failed to provide sufficient detail in its decision letter. This caused Miss X and F distress and uncertainty. The Council agreed to apologise to Miss X and hold a fresh stage 2 appeal panel. If it decides to award F with school transport It will also consider whether to make payments to Miss X and F to recognise the injustice caused by its earlier decision.
Summary as published by the Local Government and Social Care Ombudsman.

Remedies

Words in quotation marks are quoted from the ombudsman’s decision.

States worked out on 9 October 2026.

The ombudsman publishes no entry for a remedy.

Remedies ordered in ruling 23 004 544, and the entry that the ombudsman publishes for each
Ordered Outcome publishedThe ombudsman publishes no entry for a remedy.
No. What was ordered Deadline Payment Date Entry Payment
1 ApologyWrite to Miss X and apologise to her for the distress and uncertainty caused by the stage 2 school transport panel’s failure to properly consider her case.Deadline as worded: Within one month of the final decision Deadline passed 4 January 2024. Outcome not published. None No outcome published by the ombudsman
2 Action for the personCarry out a fresh stage 2 appeal for Miss X and F with a different panel. If the panel decides to award F with school transport it should backdate this award to September 2023.Deadline as worded: Within one month of the final decision Deadline passed 4 January 2024. Outcome not published. None No outcome published by the ombudsman
3 Service changeRemind all officers who carry out and sit at stage 2 school transport appeal panels, and those who send decision letters of the requirement to consider all of the evidence presented and properly record and evidence how it reached the decision, in line with statutory guidance.Deadline as worded: Within one month of the final decision Deadline passed 4 January 2024. Outcome not published. None No outcome published by the ombudsman
4 PaymentIf the Council, following the fresh stage 2 school transport appeal panel decides to award F with school transport it should consider making a payment to Miss X for: reimbursement of any unnecessary expenses incurred taking F to secondary school since September 2023 and; any loss of education or provision in line with F’s EHC plan since September 2023 caused as a direct result of being unable to attend school due to the lack of school transport.Deadline as worded: within one month of the panel’s decision No deadline stated Amount not stated No outcome published by the ombudsman
Stated payments ordered None stated Outcomes published by the ombudsman: none