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Transport woes. Probably Part 3.

(11 Posts)
pannetone Mon 07-Nov-16 23:17:33

So DS and DD attend a school 16 miles away named in their Statement/EHCP. In late August the LA say DS and DD will travel on school operated minibus service. No good for either - both have ASD and high anxiety and struggle with public/shared transport.

So I get evidence from the doctor at CAMHS for both DS and DD in support of taxi transport and submit appeal. Told it will take 4 weeks. Hear nothing and on chasing told it will take 2 more weeks. (I am taking DS and DD myself in the meantime and LA agree to pay mileage because of delay in deciding appeal.) At the end of the further 2 weeks I am told no decision possible yet, but I can have parental mileage til Christmas. I am annoyed.give ultimatum for decision by last Wed. Hear nothing. Make written complaint at the weekend.

Today I have a letter from LA with decision. They agree having looked at evidence DS and DD not yet ok to go on school bus. They decide that me driving them is providing my DC with stability and we mustn't change arrangement (to taxi they mean) so I should keep driving them til situation is reviewed for summer term. That is for 5 more months at over 300 miles a week angry

The big issue is that I haven't consented to driving DS and DD - so the LA have made a travel 'arrangement' that's not theirs to make...

I will not be making a 'Stage 2' appeal (that would be another 8 weeks in theory, actually how many, anybody's guess) as the whole process is farcical waiting 2 months for a decision that isn't a decision at all... If the LA can't grasp the concept of needing to get my consent to drive DS and DD, I will simply refuse to drive them anymore.

Sorry that was long and ranty blush.

MeirAya Tue 08-Nov-16 01:34:36

Find out what a transport company would charge. Invoice LA for same.

MeirAya Tue 08-Nov-16 01:36:32

Actually, invoice them for double (given your extensive training in SEN and ASD and the flexibility you offer, surely it counts for expert rate wink).

pannetone Tue 08-Nov-16 13:51:40

grin MeirAya! Which is good because last night I was definitely angry

claw12 Tue 08-Nov-16 22:49:27

This may/may not help smile

FHSmum Wed 09-Nov-16 07:32:20

If you have a parent carer forum in your area, contact a family are asking through them for evidence of transport issues so they can bring it up in parliament for debate. The closing date is 15th November.

pannetone Wed 09-Nov-16 20:34:50

Thanks claw - yet again the issue is my LA (like so many) won't follow the law. I've pointed them to the statutory guidance which says an LA can only offer parental reimbursement of mileage where the parent consents. No response as yet. I'll give it til the weekend to hear from them after which I shall inform them that I won't be driving DS or DD anymore, which means they can't get to school unless the LA sorts out the taxi.

Apparently the LA can't prosecute me for their non-attendance hmm if they are responsible for providing (appropriate) travel assistance. Hopefully the LA will realise that it would be pretty stupid to be paying for placements that the DC can't attend.... as well as the small matter that my DC would be missing out on education.

FHSmum - I'm not aware of any local forum and really too worn down with dealing with the LA to contribute evidence - which is ironic...

SerendipityPhenomenon Thu 10-Nov-16 07:51:40

The appeal panel's decision is unlawful. Tell them that you will not continue to provide transport, and unless they confirm proper transport arrangements by tomorrow you will apply for judicial review. If that doesn't work, contact SOS SEN to get a formal pre-action letter sent.

claw12 Thu 10-Nov-16 20:17:47

Panne LA are still paying for a school, where school refuse to let Ds attend, rather than name another!

Seems saving every penny costs!

claw12 Thu 10-Nov-16 20:19:45

As SP says threaten to take steps to JR unless the sort out transport in 7 days. Then contact sos Sen. It's better than banging your head against a brick way

pannetone Wed 30-Nov-16 20:12:39

Thought I'd update to say that on Monday DS and DD went to school in a LA provided taxi! So the transport appeal process 'only' hmm took 12 weeks... I didn't get as far as threatening JR but I did put in a Stage 1 complaint - though unbelievably (or maybe not wink ) I then had to chase the complaint when the officer failed to get back to me.

Thankfully the LA have agreed the taxi til the end of the academic year - then they will review - which is the usual point for a transport review.

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