An ombudsman ruled the South London authority was not at fault for refusing to reimburse 10 months of school travel costs
Bromley Council has apologised to a family after it failed to process their child’s Education, Health and Care Plan (EHCP) for five months after they moved to the area.
However, the Local Government & Social Care Ombudsman did not find fault in how the council denied the family’s reimbursement request for travel costs from home to school throughout a 10-month period.
The child, known as Y in the ombudsman report, had an EHCP first issued by another local authority in September 2019.
The family moved to Bromley in March 2024, and Y’s father, named Mr X in the report, provided evidence that the old council informed Bromley Council of the move at the end of that month.
In accordance with the Special Educational Needs and Disability Regulations 2014, Bromley Council should have ensured Y was receiving the special educational provision set out in his EHCP by the third week of June 2024.
However, the council did not process Y’s move-in paperwork until the second week of October 2024. Bromley issued its own EHCP for Y a month later. This plan contained details of the council’s home to school transport policy but Mr X says he wasn’t aware of that element.
In March 2025, Mr X applied for home to school transport for Y which was approved by Bromley the following day. Y’s transport began the following week. The council also approved transport for the following academic year in advance.
After that, Mr X asked to be reimbursed for home to school transport costs he had incurred between May 2024 and March 2025, arguing he wasn’t made aware of the policy and his right to apply for travel assistance. The council responded saying Y was only eligible for transport following its assessment of Mr X’s application in March 2025.
After a failed appeal, the case was referred to the ombudsman, who ultimately agreed that the council was not liable for the transport costs before March 2025.
Mr X told the ombudsman the council made him feel “abandoned, anxious and powerless”. Mr X also said the council’s actions “damaged his family’s wellbeing and stability” and he wished Bromley would apologise, reimburse his travel costs and make a symbolic payment.
The ombudsman found no fault in how the council denied the reimbursement request. The report states: “In making its decision, the organisation took account of the relevant guidance, information from Mr X and its own policies. The council followed the appropriate procedures when making this decision and I cannot therefore criticise it.”
Although it was not mentioned in Mr X’s complaint, the ombudsman did find fault in how Bromley Council delayed processing Y’s EHCP paperwork by approximately five months after he moved to the area. The ombudsman said this delay caused the family “distress, frustration and uncertainty”.
The ombudsman ordered the council to apologise for this mistake and to make a symbolic payment of £200 to Mr X. Bromley Council has been approached for comment.
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