SEN Transport question (posted here for traffic)

[WeywardCrow]

Hi all,

DS is 13 and has diagnoses of ASD, SPD, anxiety and depression. He has an EHCP which names a school we are reasonably happy with.

The issue is that the Transport being provided to and from school is completely unsuitable and I wondered if anyone had any words of advice? We live in South Norfolk and DS is picked up at 7.40am. He goes via the east of Norwich to pick up child A and then via a town in the Broads to pick up child B. Yesterday was the first day of his new route. He was in the car for about 4 hours in total and by the time he got home was very distressed, felt car sick and was just exhausted. It was incredibly difficult to get him into the cab this morning. Again picked up at 7.40 and arrived 20 minutes late to school at 9.20.

The Transport team have said he just needs to be picked up even earlier which we just can’t agree to. DS is beside himself and exhausted and we know from last year when he was picked up just before 8 that he was just about able to manage that.

What on earth do we do? I know the 75 minute maximum travel time is just a guideline but does anyone know what legislation/case law this is based on? Anyone got any idea how best to address this? I suspect we just won’t be able to get him to school again until the route is made shorter again. Which means the LA funding additional transport but that really is not something I can do anything about.

(And just as a mini rant, dear god, but I have two autistic kids who attend different specialist schools and how the fuck I keep other aspects of my life going as well as making sure they get some sort of an education is a chuffing mystery to me)

Thanks for any words of advice/support.

Thankfully what you think isn’t what matters. OP’s DC is entitled to suitable, non-stressful transport within a reasonable time frame. The current arrangements are not meeting that duty.

Even if it was less than the statutory walking distance, if DC cannot reasonably be expected to walk because of their SEN/disability they can be eligible for transport.

He is not safe if he is so stressed when he gets to school that he can't learn, and so tired when he gets home that he can't relax.

Young people with SEN are already disadvantaged. They don't need to be further disadvantaged by inadequate transport.

DD1 had terrible transport one year - I had to take a Parental Mileage Allowance and drive 5 hours per day to transport her and her sibling to different schools over 30 miles from each other.

The next year, they gave her transport without an escort, putting her and others in danger, and we had to complain daily for a whole term before they changed it.

This year, finally, she has appropriate transport, although her pick up time is about 30 minutes earlier than it would be if I was taking her myself.

It’s not ‘what I think’, it’s reality which is playing out. The Kirklees article above shows how pupils are now just being bunged a few hundred quid a year and told to make their own way to school, because they can no longer afford the costs of taxis.

Your post said “I don’t think that’s unreasonable.” Whether you think it is unreasonable or not is irrelevant.

Might be some helpful stuff here. A British Institute for Human Rights blog on how the Human Rights Act can be used to get appropriate school transport for children with SEND.

www.bihr.org.uk/news-blogs/blog-series-special-educational-needs-disability-services/school-transport-and-the-right-to-education

It is ignorant to repeatedly go on to threads where parents of disabled DC are asking for advice about parenting their disabled DC and state they should think of the state’s budget rather than pursue the support they are entitled to.

He is entitled to a reasonable journey that conforms to the statutory guidance (look at the post by prh47bridge ) or comes close to it if (for exceptional reasons) the literal letter of the guidance really cannot be met.

The council needs to look at other ways of combining the transport of those who are entitled to it, because what they've got at the moment is not reasonable.

And if it cannot be combined in a better way, then they will have to provide more as they have a duty to do this.

It is discretionary services which they can cut and alter, and if they need to balance the books those are the areas they absolutely have to go for (shitty as that might be) because they cannot remove the delivery of required services to the level set out in statutory guidance.

I got round an unsuitable journey by saying I would do the transport myself and claim the petrol which was agreed. I pay for a private taxi

@Blueybanditbingochilli I notice you didn’t answer my question about whether you have a child who uses SEND transport. If you haven’t, then you really don’t have a clue what you’re on about, and I respectfully suggest you STFU.

I posted a few ideas nobody else mentioned, so who knows, OP may consider them.

very well said!

Will duck out now, but I wonder what sort of conversation we will all be having about this in 3 years, a very different one I should imagine.

Only if ignorance prevails.

You didn’t ‘just’ post a few ideas. Your posts repeatedly suggesting parents of disabled DC should think save the state’s budget are ignorant.

Moving closer isn’t always an option. Adaptations cost money. Moving LA’s isn’t as straight forward if DC have an EHCP or social care provision.

Sadly this is very common, my son leaves home at 7.10 and arrives at school around 8.45/50. I tried to complain but was told this is quite normal. He leaves school at 3.15 and arrives home anytime between 4.15-4.45. He's got used to it.. somehow!!

The Kirklees article refers to post-16 students. The duties of an LA for post-16 students are very different to those for younger students. Giving pupils a few hundred pounds a year would not meet the LA's statutory responsibilities.

@Blueybanditbingochilli your ideas were ridiculous that's why

Move .. nope
Drive him yourself .. nope
Tell child that is overwhelmed and has sn to suck it up .. nope
It's obvious you don't have a child with SN

No one wants to exhaust resources but it is what it is and I for one more than pay my way in taxes so I'll do what's best for my child

For what it's worth I did actually move to be nearer his school because he had a long bus ride but that isn't an easy option and the move alone cost us £60k without the extra cost of the ( albeit lovely) house so it's not an option open to most people

@Blueybanditbingochilli

My child is transported to his special school. There and back twice a day is 100 miles. It's in the arse end of nowhere and as for public transport the nearest train station is 4 miles away and the nearest bus stop is I believe 5.2 miles. Not that either are particularly frequent. The bus is a once in the morning, once in the afternoon kind of thing. The train is every 2 hours. I can't drive as in medically not allowed to drive rather than CBA.

I'm told by his taxi driver that if he used his meter then it would be in the region of £35x4 per day. DS does get DLA however this is only £137 per week. The magical DLA that people seem to think covers absolutely everything. If I totted up what I spend as a direct result of his disability I would spend that sum over and over and over again. So, using your suggestion of using DLA for the taxi fares I would only be able to afford to send him to school one day a week. Can't see the county council being very impressed with an attendance of 20%, can you?

Incase you're wanting to know, this is the only suitable school after EVERY school in my city refused to have him. For years SEND education had been woefully underfunded and the usual approach to SEND education of 'shove 'em in mainstream and hope for the best' was so rip roaring successful for my son he has been in EIGHT different schools before he moved to this current school.

However I suspect that you actually dont give a flying whatsit about any of this and are just here to be a goady fucker.

I've just looked up DD1's journey and it's around £60 each way. She wouldn't choose to go to a college 20 miles away. I wouldn't choose for her to go there. Residential college would be a hell of a lot more expensive though.

Quite often, the reason SEND budgets are high is that measures are only put in place at Crisis level, rather than preventative and end up costing more. So, lack of basic services and support in mainstream schools, means that children's needs are higher and less schools are suitable resulting in tribunals for special school places and high transport costs.

I work in Sen provision and have helped grease the wheels (no pun intended) for parents by providing a statement that said how the long journey was detrimental to their child's education and well being. The child had been in a shared taxi which went all round the place which meant he was leaving home at 8.40 every morning and then arriving at school distressed, requiring lots of co regulation. We managed to get him a single taxi even though the woman at the Lea was insistent it wouldn't be granted.

Would the senco or teacher be willing to speak up? My next step.was going to be local council member.

Your legal information is sound and should help too.

Good luck.

https://www.ipsea.org.uk/r-v-hereford-and-worcester-county-council-ex-parte-p-2-1992-2-fcr-732

Case law here ^

@WeywardCrow

Thank you to all of the many helpful posters here. This is some very helpful advice and support. As I say, it’s also just good to hear from others in the same boat, it’s lonely being a mother to 2 SEN kids.

And, it has to be said, especially lonely, when there is an increasing narrative around SEN children being somehow (and mystifyingly) to blame for the financial woes of the country.

That’s in the email I’m drafting now. Thank you 😊

Good luck!