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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:
dahliadraws · 24/06/2024 16:29

i know your son has sen - but does he need a driver with a dbs check? one of my kids is nearly 13 - and i would consider by 14 he would be safe from inappropriate harm from a driver to and from school.

eg - I would expect him to be able to call 999 if needed, report inappropriate behaviour, lie and say there was a parent at home if there wasn't etc. taxi drivers are still licensed - it's on record who took who when and where so risk is limited.

my daughter is 9 and much more naïve and i know whether at 14 she would be able for it. i just wondered if the dbs was necessary?

your request for transport seems very reasonable - can you escalate your appeal to tribunal or similar? perhaps ask a solicitor to support to get it organised in time.

blackwhitegrey · 24/06/2024 16:27

FloofyBird · 24/06/2024 16:23

There's nothing to understand op. LA's make unlawful decisions all the time and claim they're hunky dory. Then when those decisions are challenged/looked at via the courts, LGO, PAP letters they lose/back down/are found at fault.

You need a pre action letter from a solicitor as stated. Unfortunately sometimes legal action is the only thing they respond to.

Thank you.

I'm at the stage of refuse on appeal letter. Now if i 'feel we've been treated unfairly we have a right to appeal (again) and have the case heard by the appeal committee' - I've said I want this, so just waiting.

What would you do at this stage. Wait and gather more evidence, legal letters, support from MP (likely to change in a few weeks) for when the next round of appeal paperwork comes through - or send something separately that you listed?

Many thanks for your advice.

OP posts:
FloofyBird · 24/06/2024 16:23

There's nothing to understand op. LA's make unlawful decisions all the time and claim they're hunky dory. Then when those decisions are challenged/looked at via the courts, LGO, PAP letters they lose/back down/are found at fault.

You need a pre action letter from a solicitor as stated. Unfortunately sometimes legal action is the only thing they respond to.

Nursingadvice · 24/06/2024 16:20

MumApril1990 · 24/06/2024 14:15

Just what every parent does who needs to drop their child at school, arrange work hours around it or pay for breakfast/ after school club or childminder. The council can’t afford to pay for taxis for every child.

Jesus. I can’t even be bothered to explain.

Cherry8809 · 24/06/2024 16:20

Could you write to your local MP and ask for assistance?

My best friend’s eldest is SEN, and visually impaired. He was refused transport, even though there were spaces available and they picked up another child from the same apartment block.

She wrote a letter to the local MP and he contacted the LA and had the decision overturned.

Nursingadvice · 24/06/2024 16:10

ExtraOnions · 24/06/2024 12:58

Can his PIP not pay for a private taxi, and you travel with him ?

Why should it when the LA have a duty to provide it

Bobbybobbins · 24/06/2024 16:07

Good luck OP, nothing to add but we have two DS at an SEN school and have to juggle jobs/ transport constantly. I am a teacher and luckily my head had given me some later start/earlier finish to accommodate.

Yes, as SEN parents we are supposed to accept financial support but not too much, work so we are not a burden but not too much.....

blackwhitegrey · 24/06/2024 15:57

So I've been looking at SENTAS and emailed them, but just looking at this....I tried to prove this in the appeal, why public transport / walking isn't achievable etc. but the LEA have made it all about that he could do public transport with a parent (I never said he could or couldn't in those circs tbh) so no school transport felt needed.

Surely if there was a parent free to go on a bus, you wouldn't be applying for school transport? You could say any child of any distance just needs a parent to drive them?

Surely it's about the child as an individual and their needs compared to a non disabled child of the same age, not the child plus parent as a combo??

I just don't understand?

To be pissed off with transport for my SEN child?
OP posts:
saturnspinkhoop · 24/06/2024 15:32

I enquired about transport for my dc if she was given a specific school- I was told we would be expected to get a bus. Fortunately it’s all worked out ok, but I really feel for parents fighting yet another battle. Good luck, OP! I agree with making a complaint.

MoonStarsAndRainbows · 24/06/2024 15:21

I’m just under a mile away and was offered transport for my SEN child. I would definitely appeal and make a complaint.

SEN transport rules are different to transport to mainstream school.

BoobsOnTheMoon · 24/06/2024 15:21

drspouse · 24/06/2024 15:16

We should be expected to drive him at 14 and that's completely normal and financial needs of working are not relevant and SEN needs are largely glossed over.
Didn't you know, you are supposed to sit in a box waiting for your SEN child to come home.

🤣🤣🤣

But also we should work so we aren't a drain on the taxpayer.

BoobsOnTheMoon · 24/06/2024 15:20

Fuck me there's some ignorance on this thread.

@blackwhitegrey he is absolutely 100% entitled to transport. Don't give up. Contact SENTAS ad they're excellent and helped me get transport for my 13 yr old.

drspouse · 24/06/2024 15:16

We should be expected to drive him at 14 and that's completely normal and financial needs of working are not relevant and SEN needs are largely glossed over.
Didn't you know, you are supposed to sit in a box waiting for your SEN child to come home.

blackwhitegrey · 24/06/2024 15:13

Twofoursixeight · 24/06/2024 15:07

"why don't you send your 14 year old to a childminder like a normal parent" 🤪

I know right!

This is why I feel like we're on an alien planet sometimes.

If I said some of the things that is expected of me with a disabled child, to a non disabled child's parents - I'd be looked at like I had 2 heads.

Somehow it's always ok to say it to us.

I'm so done with disability discrimination and thinly veiled ableist views.

OP posts:
Twofoursixeight · 24/06/2024 15:07

"why don't you send your 14 year old to a childminder like a normal parent" 🤪

Darkfire · 24/06/2024 15:06

allowstatistical · 24/06/2024 14:40

Thank you, I will do this.

I don't know how to challenge them in a way that works. They just keep saying they are being lawful, even though I know they aren't. I don't know anyone who has 'won' against them so don't know how to achieve it!

Email SENTAS, this is exactly the type of thing they help with.

needtonamechangeforthis1 · 24/06/2024 14:49

@blackwhitegrey could you both put in flexible working requests to allow you to drop off in the mornings and perhaps apply for Direct payments for 5hrs a week enabling for a enabler to pick him up and spend an hr or so with him. If they traveled together by public transport then eventually DS might be confident and capable enough to manage alone.

I work as an enabler and have worked with lots of clients gradually building up their confidence and abilities travelling by public transport.

needtonamechangeforthis1 · 24/06/2024 14:44

MumApril1990 · 24/06/2024 14:15

Just what every parent does who needs to drop their child at school, arrange work hours around it or pay for breakfast/ after school club or childminder. The council can’t afford to pay for taxis for every child.

@MumApril1990 did you actually bother to read the OP?
He is 14 at SEN secondary school and has ASD.

Secondary schools don't have wraparound care!!!
Nor do childminders accommodate 14 year olds!

allowstatistical · 24/06/2024 14:40

NineChickennuggets · 24/06/2024 14:26

Your next step is an official complaint to the council and then if you get no joy at the end of that, then a complaint to the local government ombudsman.

There is no minimum distance when Sen is involved.

Expecting a parent to accompany a 14 year old on the young person's walk to school is discriminatory but councils try this on all the time.

Thank you, I will do this.

I don't know how to challenge them in a way that works. They just keep saying they are being lawful, even though I know they aren't. I don't know anyone who has 'won' against them so don't know how to achieve it!

allowstatistical · 24/06/2024 14:39

Thanks for all the SEN support and guidance.

I've said everything to them in the appeal and they keep saying it's lawful and not discrimination. We should be expected to drive him at 14 and that's completely normal and financial needs of working are not relevant and SEN needs are largely glossed over.

It feels like I'm talking a foreign language to them. When you can speak to someone (never).

allowstatistical · 24/06/2024 14:37

Bunnybear42 · 24/06/2024 14:16

Yeah I think it's a minimum of 5 miles to be eligible for SEN transport. I was 5.2 miles.. we were told sans about parent being present and someone wS until about 14 then I was at work ... driver always waited to make sure she opened front door and I checked she was in taxi on way home safely and then inside house safe. It's hard .. but I think it's the miles that will cause the biggest issue budgets are so tight they don't budge much.
My daughter is in year 12 so have to pay towards the transport now it's almost £1000 a year. Could you see if they would be willing to consider an arrangement like that where you contribute towards the cost as he needs the transport you might need to provide additional evidence? Good luck

We can request a spare seat and pay for it but only if there is one available and they won't even look for one until November. And they can stop it with a weeks notice if a 'free place' child needs it. So it's an option but a risky one and we're stuck until beginning of November.

drspouse · 24/06/2024 14:34

AffIt · 24/06/2024 14:24

@drspouse's suggestion was a good one: there may be an older teenager or student nearby studying something like child psychology / specialist nursing / social work or similar who you could employ?

You would probably have to pay for their DBS check (unless they have it already as part of their course) and I'm not sure if insurance would be needed, but it could work really well: assurance for you and your husband, real-life work experience for a student and hopefully a kind and trusted older mentor for your son?

Unless you are an organisation, you can't get a DBS check for an employee, you'll have to hope they have one through their college/another employer.

allowstatistical · 24/06/2024 14:34

MumApril1990 · 24/06/2024 14:15

Just what every parent does who needs to drop their child at school, arrange work hours around it or pay for breakfast/ after school club or childminder. The council can’t afford to pay for taxis for every child.

But non disabled 14 years olds don't need to do that - that's the issue. It's disability discrimination.

There are no wraparound care options at SEN schools and no SEN childminders

drspouse · 24/06/2024 14:34

allowstatistical · 24/06/2024 14:06

We're the only family in the school (bar 1 other that lives on the street of the school) who doesn't get a taxi. It's a very weird school gate experience!

We were one of two families at my DS PRU who didn't get a taxi, too. However, we had a bit of contact with other families as all the local SEN families know each other so at least 3 of his class of 6 were FB friends of friends. Easier in primary I know - and if all fairly local - now he's in an all through school we know nobody.

NineChickennuggets · 24/06/2024 14:26

Your next step is an official complaint to the council and then if you get no joy at the end of that, then a complaint to the local government ombudsman.

There is no minimum distance when Sen is involved.

Expecting a parent to accompany a 14 year old on the young person's walk to school is discriminatory but councils try this on all the time.

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