Can I claim transport costs arisen while appealing changes to transport provided (appeal was successful)?
- Transport changed from solo taxi to shared taxi without new risk assessment being conducted
- initial appeal (end of august, just before school returned) submitted parent statement
- initial appeal failed, warned one attempt left. Gathered evidence from multiple professionals for stage two appeal and triggered pre-action protocol letter
- while appealing - self funded transport with the same company the LA had been using previously, receipts provided
- outcome - won appeal and LA concluded solo transport was required, however refusal to reimburse any costs as it was parental choice to send our son to school and we hadn't provided all the evidence (which we didn't have) at stage one
Context - our son is a school refuser (gaps in attendance can lead to increase in distress behaviours going in / increased refusal), his school is out of county and we were unable to drive him ourselves, all our leave was allocated to school holidays, our son has a congenital brain injury and cannot be left at home without supervision, our son has previously looked after child status (adopted) and significant trauma, the loss of regular driver triggers rejection and toxic shame responses (including self injurious behaviour).
Additional - initial appeal August 2024, pre action protocol issued October 2024 (and not accepted as stage two complaint hadn't gone through - we thought both ran together, additional costs associated with this), complaints re costs incurred outcome August 2025. (Process initially delayed by gathering evidence, and then by stress incurred / health issues)
Costs incurred - around £5,000, now in debt as a result as had been told if we won the appeal we would claim costs back (but county staff member - recording of this phone call is unavailable we have been told, as not all calls are recorded)
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 07 Jan 2026
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Other
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Can't answer yes or no.:
This answer is for general information only and does not constitute legal advice. It focuses solely on the option of referring a case to the Local Government and Social Care Ombudsman (LGSCO) - https://www.lgo.org.uk/ -, based on published decisions in similar cases. Other routes—such as legal advice or support from advocacy services—have not been explored here and may be available from others better placed to respond to your individual circumstances.
It may be possible to seek reimbursement of transport costs through the LGSCO if the Ombudsman finds that the local authority (LA) acted with fault when changing a child’s school transport arrangements. The LGSCO looks at whether councils follow fair and lawful processes, particularly when decisions affect children with special educational needs or disabilities.
In previous decisions, the Ombudsman has made clear that councils must carry out appropriate assessments before changing a child’s transport—especially where risks or specific needs are known. If a change is made without reassessing those needs, and the outcome of a later appeal confirms the original provision (e.g. solo transport) was in fact necessary, the Ombudsman may find that the council failed to consider all relevant factors.
Where fault is found, and families have suffered financial loss as a result, the Ombudsman may recommend that the council reimburses those costs. This is based on the principle of putting families back into the position they would have been in had the error not occurred.
In some cases, parents who paid privately for school transport during a dispute were reimbursed where the council failed to provide suitable transport and left them with no realistic alternative. However, where the council followed proper process based on the information it had at the time, the LGSCO may decide that parents made a voluntary choice to self-fund transport and that reimbursement is not appropriate.
The Ombudsman also considers whether a successful appeal shows that the council made a mistake, or simply responded to new evidence. If the latter, and no fault is found in the original decision-making process, a refund is less likely.
Even so, individual circumstances matter. Factors such as the child’s vulnerability, the absence of viable alternatives, and any verbal assurances made by the council may all weigh into whether the LGSCO finds injustice and recommends a financial remedy.
Helpful LGSCO Decisions (Reimbursement Recommended)
Leicestershire County Council (Case ref: 21 018 934, 2023)
A parent paid over £7,000 for post-16 transport due to significant delays by the council. The Ombudsman found multiple faults, including failure to consider the young person’s needs, and recommended full reimbursement plus £500 for distress.Cambridgeshire County Council (Case ref: 20 008 404, 2021)
After the council eventually agreed to provide transport following an appeal, it refused to reimburse earlier costs. The LGSCO found that the council had failed to consider individual circumstances from the start and ordered backdated payments.Kent County Council (Case ref: 18 011 888, 2019)
The council delayed arranging transport for a child with an EHCP. The parent arranged and paid for transport during this period. The Ombudsman found this delay unjustified and recommended full reimbursement.Less Favourable Decisions (Reimbursement Not Recommended)
Oxfordshire County Council (Case ref: 22 000 773, 2022)
Although the parent eventually succeeded at appeal, the LGSCO found that the council had acted within its policy and based on the evidence available at the time. No reimbursement was recommended.Staffordshire County Council (Case ref: 19 014 188, 2020)
The council followed its published procedures during the appeal period and was not found at fault. As a result, the Ombudsman did not recommend repayment of costs incurred by the parent.Summary:
Reimbursement through the LGSCO is possible—but typically only where the council is found to have acted with fault, and that fault directly caused the family to incur costs. Each case is considered individually, and outcomes depend on the council’s conduct, the availability of evidence, and the specific circumstances of the child and family involved.Best wishes
Sean Kennedy.
07 Jan 2026
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