Agenda item

Report of the Corporate Director for People

Councillor David Mellen, Leader of the Council and Portfolio Holder for Regeneration Schools and Communication introduced the report detailing the Report of the Ombudsman following investigation Ref: 18 018 188 where the Ombudsman held against the Council regarding school transport for a special needs pupil. Nicholas Lee, Director of Education Services and Janine Walker, Head of Service SEND and Vulnerable Pupils, gave additional detail. They highlighted the following points:

(a)  Nottingham City Council fully accepts all of the recommendations made by the Local Government Ombudsman (LGO) in this case;

(b)  The LGO made a number of recommendations, including financial recompense to the parent for the financial impact of the decision to remove transport, and that an apology be issued. These have been competed;

(c)  Further recommendations were made:

·  A review of procedures show  how the service takes into account individual circumstances, that evidence is supplied to parents and carers to show rational for the decisions taken by the services

·  Ensure that second stage appeals are properly minute

·  Demonstrate that decisions are robust and defensible

(d)  These recommendations have been taken on board and steps have been taken to address each one. In its report the LGO recognised that steps had  been taken prior to its formal recommendation to improve the service in line, to prevent this occurring again and the LGO is assured by the actions taken to improve;

(e)  The Service at the time of the complaint was split into two parts. A restructure has brought the transport service into the SEND oversight which has allowed  for centralised oversight of all applications. Decisions are now subject to a monthly monitoring system to ensure consistency and any issues and risk to access to school is identified earlier than before and can be addressed;

(f)  In the 2019/20 academic year, 398 children were receiving home to school transport support. During that year there were 76 successful additional requests for travel and 23 unsuccessful requests or changes to eligibility, following annual review. A number of these 23 had become eligible for independent travel training, a programme developed to help young people travel to school independently;

(g)  Of the 23 unsuccessful requests or changes to eligibility ten went to first stage appeal, two were upheld and eight dismissed. Two of these unsuccessful appeals went on to the second stage, one was upheld and one was dismissed. The numbers are very small in terms of the wider Service;

(h)  The Service is working hard to manage demand, and the pressure that this puts on the budget. Young people capable of managing their travel with training and support are offered the travel training programme, the transport providers within the city have been very supportive of this initiative and have worked closely with the Council. This enables young people to learn an important life skill and develop a sense of independence;

(i)  High dependency support vehicles and escorts are very high cost. The Service is currently investigating the use of lease cars as a way of reducing costs and improving quality of life for families with the highest level of need and ensuring appropriate transport is available for children to access school;

(j)  Outcome based decision making is a focus of the vision and practice of the Service. Staff are encouraged to think in the round to support good outcomes for children and families, whilst also recognising that there are alternative ways to deliver services;

During discussion and questions from Committee members the following additional information was provided:

(k)  As a statutory bound Service, procedures and policies are reviewed regularly as a result of legislative changes as part of standard work. Colleagues are engaged with regional and national SEND networks to understand good practice and the Service actively seeks opportunities for peer review and external challenge. Part of the development plan for this year is around the quality assurance and monitoring processes from across the service area;

(l)  There will always be cases where parents/carers appeal the decision made. However assurance can be given to the Committee that improved the oversight of process is now embedded. Cases are managed at an appropriate level and escalation and risk are being identified earlier which allows swifter resolution;

(m)There is now a built in section of the working check-list used by Case Officers to ensure that evidence is gathered early in the process and parents are asked for permission to share and collect data on medical grounds. This is done earlier in the process than before. A training package, including a tool kit is being developed and a wider range of experience across the appeals panel members is being supported;

(n)  Any change to policy is subject to the completion of an Equality Impact Assessment. This is the underpinning equality assessment for the process of application and appeals. Staff have a whole range of equality training and the wider workforce development supports a wider understanding of factors that may affect individual families and their decision making is reflective of this understanding;

Resolved to  

(1)  Note the Local Government Ombudsman’s Report in the Public Interest following Investigation Reference 18 018 188 and be assured that all recommendations contained within have been fully enacted; and

(2)  Receive an annual monitoring report to ensure that new procedures and improved management oversight are effective in ensuing learning from the Local Government Ombudsman’s Report in the Public Interest are embedded and effective in the experience of applicants for SEND travel assistance.

Some Committee members felt that an annual report was disproportionate. The Chair indicated that on receipt of a report in 12 months’ time the committee could consider if further monitoring reports should come back.