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Annual Report of the Ombudsman 2003

Chapter 2 - Department of Education and Science - School transport for a child with disabilities

Six years ago, an investigation report by the Ombudsman on the provision by the Department of Education and Science of school transport for a child with disabilities resulted in some improvements to the scheme. I continue to receive complaints in this area, however, and the following case highlighted the importance of informing people of their right to appeal decisions.

The parents of a child with speech and learning difficulties complained to my Office about the level of assistance provided by the Department of Education and Science towards their school transport costs. The child attended a national school with a speech and language programme. This required a daily round trip of 42 miles. Public transport was not an option and it was not possible for the child to travel to school without supervision. The school applied to the Department on their behalf for a transport grant. After a considerable delay, the Department gave a grant of €1,755 to cover the school year 2000/01. The parents complained that the amount granted was totally unacceptable in view of the expense they incurred in transporting their son to school. They said that they had looked for a grant of at least 63c per mile.

The Department informed my Office that it had sanctioned a payment of €1,755 under the Scheme of Medical Grants which was the rate payable for a distance from home to school of between 15.1 and 25 miles. The distance in this case was 21.7 miles. The Department stated that should the parents wish to appeal the amount, they should write to the School Transport Section of the Department setting out the reasons for the appeal, particularly if the level of grant was such that the provision of private transport was a source of financial hardship to the family.

The complainants said that they had in fact already appealed the matter in letters to the Minister for Education and Science. My Office wrote to the Department pointing this out and asking it to review the matter. It did so and decided that the level of grant payable in this case should be determined on the basis of a rate per mile per day of attendance. It said that the maximum payable was 63c per mile and it had been agreed to pay this rate in respect of the child's attendance record for the school years 2000/01 and 2001/02. The balance (i.e. excluding the grant already made in respect of 2000/01) was paid to the parents resulting in a total payment of €7,973.86.

The complaint raised a general issue of whether applicants are given sufficient notice of their right to appeal a decision in relation to a transport grant or on what basis an appeal might be considered. I noted that the Department's letter of decision made no mention of the possibility of appealing the matter. Notwithstanding the fact that the parents in this case did appeal the decision to the Department, my Office took up the general issue with the Department in order to ensure that all applicants are made fully aware of their right to appeal.

The Department replied stating that the grounds for an appeal are set out in its leaflet on the scheme 'School Transport for Children with Special Needs'. The scheme provides that

appeals can be made in cases

(a) if the Department is not in a position to provide a transport service due to excessive cost;

(b) where the maximum level of grant offered does not cover the assessed cost of the journey involved;

(c) following investigation of an appeal, the Department is satisfied that the child's parents/guardian are not in a position to transport the child, or that the circumstances of the family are such that hardship would be involved by requiring the family to pay for private transport.

Hardship factors considered, in addition to shortage of money, include family circumstances, school transport needs of other children in the family, availability of family car at times required, etc. Where appeals are found to be cases of genuine hardship, special services can be arranged. Such special services will be subject to a ceiling of 63c per mile.

The Department responded to my concerns by saying that it would put arrangements in place to ensure that a person who is approved for a transport grant under the terms of the scheme is made aware that s/he may appeal for the reasons set out in the scheme. I welcome the Department's decision to change its procedures to ensure full awareness of the right to, and the grounds for, appeals.

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