Funding Transport to Secondary

[Elleyouseewhy]

Hi there,

Our local authority (Kingston) have recently agreed (three weeks prior to tribunal) to fund More House School in Frensham for our son. They refused to fund transport.

I am now spending a minimum of four hours per day in the car driving my son to and from school. The cost in petrol is crippling us already.

Is there anything I can do? There are no schools within our borough that meet my sons needs. He’s like a different child since starting More House; happy and settled. Moving him from there is not an option but I’m just not sure how we’re supposed to continue funding this journey.

Any advice greatly appreciated!

[Gersemi]

What happened with regard to the tribunal? Was there a consent order? And how is the placement named in the EHCP - is it conditional on you providing transport?

[Elleyouseewhy]

Eek! Consent order??
The setting is named on the EHCP with no mention of transport.
I just want to be able to claim for petrol really. I don’t want taco or bus as my somcpulfnt handle either of those at the moment.

[Elleyouseewhy]

Hi there, I’ve just trawled through emails and found there was a consent order but no mention of transport. None on EHCP either.

[Gersemi]

Great, then the LA has no excuse - they have to provide transport. If you haven't already entered a formal application, do it now. If you have, find out about the appeal process and enter an appeal against the refusal of transport. Either way, write to them and point out that they are in breach of their duty under s508 Education Act 1996, and tell them that you expect to hear from them by the end of the week with their proposals for transport at least until your appeal is dealt with, failing which you will start judicial review proceedings. If they try to say you should be providing transport, point out to them that the duty is to provide transport to the nearest suitable school, they haven't named a nearer suitable school, therefore they have to provide transport. Quote a case called S and another v Dudley MBC to support what you are saying.

If they still don't do it, and/or if they refuse your appeal, contact SOS SEN about getting a formal pre-action letter sent.

As Kingston is being inspected by Ofsted, it could be worth your while contacting Ofsted about this.

[Elleyouseewhy]

I actually love you. Thank you so much!

[Gersemi]

Hope it works.

[Elleyouseewhy]

I’ll keep you posted. Thanks again!