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To be pissed off with transport for my SEN child?

218 replies

blackwhitegrey · 24/06/2024 12:18

Urgh. We live 2 miles from SEN autism school. DS14 has been there for 4 years and DH gave up work to look after him when mainstream failed him and he was at home for 2 years. He's doing really well at school now and really thriving. DH really wants to go back to work (and we REALLY need the money). He has been offered a job for September.

  • School transport refused as we live too close. They feel it's appropriate to expect a parent to take him to school and that's not disability discrimination (most 14yos don't have a parent walk them to school). Appeal done and refused.
  • can't pay for school taxi as it's not a guaranteed place and they don't accept applications until after October half term
  • can't pay for a private taxi as all the DBS drivers are doing LEA runs.
  • DS can't walk alone the 4 mile round trip as it's a main road, he's autistic, sensory averse, highly anxious and a flight risk
  • DS can't get the bus alone as it's too cognitively complex (plus anxious / sensory) and involves crossing 2 major roads.

DS is ok in the house for an hour ish pre and post school. He's pretty good / safe in the house. Would be fine getting dressed and waiting for taxi / waiting for me to get home 30 mins after drop off.

But out the house alone - total disaster.

What do we do??

OP posts:
Scruffily · 24/06/2024 23:05

Darkfire · 24/06/2024 22:22

You could argue that at 14 your DS needs to step towards independence and as part of that he needs to travel to school without a parent.

Did you notice that this 14 year old has quite severe learning difficulties and neurodivergence?

Scruffily · 24/06/2024 23:04

FoxSwiss · 24/06/2024 21:36

You need to come up with a different angle instead of it’s because of work, that doesn’t matter to them.

However, it does matter in legal terms. If parents have to give up work because they have a disabled child and the LA doesn't fancy complying with its transport duties, that is grossly discriminatory and unlawful.

Darkfire · 24/06/2024 22:22

You could argue that at 14 your DS needs to step towards independence and as part of that he needs to travel to school without a parent.

blackwhitegrey · 24/06/2024 21:44

I didn't mention work in the appeal. Apart from on the question where it asked what has changed (as he currently attends that school)

It was all about DS needs and inability to use public transport or walk that far.

They've come back and said they expect a parent to accompany him and that is not unreasonable (but he's 14, non disabled 14 yrs aren't expected to have a parent be with them)

OP posts:
FoxSwiss · 24/06/2024 21:36

blackwhitegrey · 24/06/2024 19:36

Thank you, I'm glad I'm not going mad with this random rule.

You need to come up with a different angle instead of it’s because of work, that doesn’t matter to them.

Nursingadvice · 24/06/2024 20:14

blackwhitegrey · 24/06/2024 19:36

Thank you, I'm glad I'm not going mad with this random rule.

They’ve never taken work circumstances into account. It’s best not to mention that to them.

Nursingadvice · 24/06/2024 20:13

Wontletmeusemynormalname · 24/06/2024 19:16

That is short lol but great for you. Is it a minibus or taxi? I fail to see what the issue is, if he can't do the journey alone he needs transport. 🤔 or are the expecting the DLA benefit to pay for it??

it’s a bus with a few others. He’s only on it 5 minutes. When he was in mainstream I took him myself and used some wraparound. When he was forced into Sen school, there was no wraparound so without transport I would have had to quit my job. Even though I know parents working hours is not a reason to provide transport, I had to push for it in a different way.

FluffyJellyCat · 24/06/2024 19:47

Who did you appeal too? The LA transport team? I'd just get in touch with the sen transport charity a pp mentioned on page 1 tbh. My LA love to make up rules,on top of and exceeding the law.

blackwhitegrey · 24/06/2024 19:36

FoxSwiss · 24/06/2024 18:53

My son gets transport so I just looked at their policy and it’s been amended this year and it does indeed now say about a parent.

It also says they won’t take work circumstances into account.

Thank you, I'm glad I'm not going mad with this random rule.

OP posts:
Wontletmeusemynormalname · 24/06/2024 19:16

Nursingadvice · 24/06/2024 19:11

My child gets transport provided and we live 0.6 miles from school

That is short lol but great for you. Is it a minibus or taxi? I fail to see what the issue is, if he can't do the journey alone he needs transport. 🤔 or are the expecting the DLA benefit to pay for it??

BrumToTheRescue · 24/06/2024 19:13

The statutory walking distance isn’t 4 miles. It is 2 miles for children under eight. 3 miles for those eight and over. As set out in s.444(5) of the Education Act 1996. Not that distance is relevant for DC who cannot reasonably be expected to walk to the school because of their disability or SEN.

Nursingadvice · 24/06/2024 19:11

Wontletmeusemynormalname · 24/06/2024 19:04

I know for normal schools it's 4 miles and then transport kicks in via council, 2 miles for a SEN child seems absolutely reasonable.

Question to your MP....?

My child gets transport provided and we live 0.6 miles from school

Hankunamatata · 24/06/2024 19:10

Good luck op. I ended up working 9.30-2.30 so I could do school drop off and pick ups for sen dc even into teenage hood. Luckily hospital I work in was very accommodating as I pick up bank on weekends too

Scruffily · 24/06/2024 19:10

Wontletmeusemynormalname · 24/06/2024 19:04

I know for normal schools it's 4 miles and then transport kicks in via council, 2 miles for a SEN child seems absolutely reasonable.

Question to your MP....?

Distance is irrelevant for children with SEN if their SEN mean they can't walk to school. In theory an SEN child could be entitled to transport even if the school is 100 yards down the road, though in that case it would probably be limited to providing an escort at most.

Also for children without SEN the distance criteria are 2 miles for primary aged children, 3 miles for secondary.

Scruffily · 24/06/2024 19:08

Lostmymarblesalongtimeago · 24/06/2024 18:59

That isn't transport guidance from the gove but BS made u by your LA.

Unfortunately it's the government's BS in guidance issued in January, but it's highly likely to be unlawful and open to challenge.

Wontletmeusemynormalname · 24/06/2024 19:04

blackwhitegrey · 24/06/2024 12:18

Urgh. We live 2 miles from SEN autism school. DS14 has been there for 4 years and DH gave up work to look after him when mainstream failed him and he was at home for 2 years. He's doing really well at school now and really thriving. DH really wants to go back to work (and we REALLY need the money). He has been offered a job for September.

  • School transport refused as we live too close. They feel it's appropriate to expect a parent to take him to school and that's not disability discrimination (most 14yos don't have a parent walk them to school). Appeal done and refused.
  • can't pay for school taxi as it's not a guaranteed place and they don't accept applications until after October half term
  • can't pay for a private taxi as all the DBS drivers are doing LEA runs.
  • DS can't walk alone the 4 mile round trip as it's a main road, he's autistic, sensory averse, highly anxious and a flight risk
  • DS can't get the bus alone as it's too cognitively complex (plus anxious / sensory) and involves crossing 2 major roads.

DS is ok in the house for an hour ish pre and post school. He's pretty good / safe in the house. Would be fine getting dressed and waiting for taxi / waiting for me to get home 30 mins after drop off.

But out the house alone - total disaster.

What do we do??

I know for normal schools it's 4 miles and then transport kicks in via council, 2 miles for a SEN child seems absolutely reasonable.

Question to your MP....?

FoxSwiss · 24/06/2024 19:01

Lostmymarblesalongtimeago · 24/06/2024 18:59

That isn't transport guidance from the gove but BS made u by your LA.

Yes and ? I never said it was made the government! … i simply said this is my sons policy!

Lostmymarblesalongtimeago · 24/06/2024 18:59

FoxSwiss · 24/06/2024 18:53

My son gets transport so I just looked at their policy and it’s been amended this year and it does indeed now say about a parent.

It also says they won’t take work circumstances into account.

That isn't transport guidance from the gove but BS made u by your LA.

FoxSwiss · 24/06/2024 18:53

My son gets transport so I just looked at their policy and it’s been amended this year and it does indeed now say about a parent.

It also says they won’t take work circumstances into account.

To be pissed off with transport for my SEN child?
cansu · 24/06/2024 18:27

Isitovernow23
Most parents do not have to walk their 14 year olds to school. Should parents of kids with send be prohibited from accessing full time work?

FloofyBird · 24/06/2024 18:24

@scruffily I meant when the PAP letter has resolved it. Which we all know it likely will. Highly unlikely to proceed to a full JR. Although you can never say never

Soontobe60 · 24/06/2024 18:21

blackwhitegrey · 24/06/2024 16:37

But they aren't looking at whether DS can get to school independently. They only seem to be interested in whether he can do it with an adult. And if he can, he's not eligible (even though the adult can't be there??!)

Other people don't seem to be needing to fight against this fact in quite the same way and I don't know why?

They are adamant that if he can walk or be on a bus with an adult, he doesn't need transport as the adult can walk / take him on the bus (ignoring the fact I'd be driving him if I were there 🙄) and it's not unreasonable to expect an adult to do this regardless of any other circumstances (I'd agree with a primary child but not a 14/15/16)

I even just looked at a SEN solicitor page and it said the same??

www.senexpertsolicitors.co.uk/site/news/home-to-school-transport

In my LA, they can provide bus passes for the child plus one for someone else to travel with them; that could be a parent, other adult or even a peer.

Haribosweets · 24/06/2024 18:08

I have an autistic SEN son also 14, he has an EHCP at mainstream secondary.I applied for travel reimbursement and get £110 a month for doing school runs. We are 4 miles each way from school. My son can't do taxis or buses for SEN reasons so I take him and pick up. Maybe that is an option and your husband starts work later? Luckily my employer allows me flexible working and I WFH after school

dahliadraws · 24/06/2024 17:34

could he stay home independently for the day?

i wonder if you could push your LA into resolving it quicker if he went into the school refusal category?

BrumToTheRescue · 24/06/2024 17:22

Another one saying you need a pre-action letter. The statutory walking distance is irrelevant when DC cannot reasonably be expected to walk to the school because of their disability or SEN.

The statutory guidance was amended earlier this year. The amendments included adding if accompanied by a parent, but where LAs are refusing on this basis, many find a pre-action makes the LA back down.

The accompanying element sounds irrelevant to your case, because DS doesn’t sound able to walk the route accompanied or not.

Does DS’s school ever take him off site? If so, you could ask to see their risk assessment. It may help your case.

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