is this discrimination?

[adviseneededasap]

I have NC for this as the situation is very outing! But I would like opinions as DH thinks I'm opening a can of worms!

We have had issues with DS2's SN transport this year. Previously he always had his transport to/from grandparents to ensure he had the care he needs as we both work. This year the CC decided this should have never happened and can not happen. (his grandparents live 1.4 mile away and on route to his FE...) We have done the 2 appeals and apparently "the request for an alternative address due to work commitments as an exceptional circumstance can not be considered as many parents have similar issues and will be expected to make their own arrangements".

We are doing the 'sad face' thing for the local paper, contacted the MP , informed SS that we need care BUT I'm thinking that this is actual discrimination as a 'NT' child can access childminders, care clubs etc whilst quite often this is not the case for a SEND child, especially one who is now classed as an adult - does this not discriminate as NT children can access other forms of care, but this policy means that SEND children must be cared for at home?

[adviseneededasap]

Tabby we moved from one LA to the next one 10 years ago, the transport remained the same with no mention of this provision (we think the old LA continued to pay for transport as new LA didn't realise....) when he changed from school to college this transport continued from his grandparents and this was facilitated by the transition worker at his SS who was more than aware of the LA we lived under as she was frustrated they never sent anyone to attend his SEND reviews.

but I agree that we have been lucky - but this rule for everyone is the one I am questioning - is this discrimination to expect before/after school care to be at home for SEND children when it is not expected for NT children?

[AnchorDownDeepBreath]

you would not expect a NT child to have care before/after school if the parents work at home so why are SEND children expected to have this?

It sounds like they would - if they won’t pick up from a third party address; surely it wouldn’t matter if he was at a childminders or anywhere else? So they expect all children, NT or otherwise, to be at home to be colllected, which seems to be fair and my semi-informed opinion would be that it’s sufficient in levelling the playing field and not discriminatory by nature.

[Thistledew]

It may fall under indirect discrimination rather than direct discrimination, in which case you would not need to make a comparison with a NT child, but instead show that the practice disadvantages the person by reason of their disability.

[TabbyMumz]

I'm thinking the after-school care isn't their responsibility? They have a responsibility to provide school transport..end of. Plus your Son is an adult you say, so I don't think you can compare the two. So sorry about the situation, as a working parent myself I can see how much easier it has made things for you with your pils able to provide the after school care, but I think the time may have come where you need to acknowledge that you have had nine years of free transport that nt children wouldn't have and you now may need to look at other care after school that you pay for?

[Thistledew]

Equality Act section 19

[longestlurkerever]

I can see the discrimination argument. It's indirect discrimination because it has a greater impact on a child with SEN as it is the only way they can access childcare whereas for an NT child there are a range of options. The LA would have to show they have a good reason for the policy. They probably have got some reason or other even though it's not obvious to me what it would be and the discriminatory impact isn't obvious or huge, so I doubt you'd win at court tbh but it's worth throwing the argument in the mix to back up your others.

[BabsGangoolies]

Can your DS change his home address to his grandparents?

I'm not sure what qualifies an address to be classed as the home address. Can you say that as they won;t provide the transport he has to live with them (and just 'visit' you)

[gingerh4ir]

OP, I would repost at the SN board. I find aibu isn't the best place for these kind of questions as you might have noticed. most people know about SN only from hearsay but have no real idea of the impact of caring for somebody day in day out for years - and the lack.of support

in theory the LA has a duty to support you to continue with paid employment. I think it is in the Care Act 2014 but it is one of the acts that doesn't have any teeth.

www.nhs.uk/Conditions/social-care-and-support-guide/Pages/carers-assessment.aspx

Hope you find a way forward. I had to half my working hours which had a devastating effect on my family. How you get it sorted somehow.

[DressedCrab]

Sis paid for after school care out of her son's DLA. NT children don't get that.

[cornerstoned]

childcare for children with SN is so much more expensive than standard childcare.

Our DLA would nowhere near pay for that much and then add in all the other expenses of raising a child with complex needs which DLA is supposed to cover. This suggestion is a non-starter for most.

[Cokeis]

It’s not about the after school care. It’s about the transport and they only provide transport to and from home address. That’s standard or else they’d be all over the place dropping kids and it would be prohibitively expensive.

You should be able to ask them to direct pay you the cost of the transport (in DD case it amounted to £350 or so per year) and then organise your own transport.

[missadasmith]

how can you arrange transport via taxi plus chaperone at the cost of £350 annually. even for a short distance it will be so much more expensive?!?

[Cokeis]

That’s the choice we had. They only find to home address. For SN or NT children.

[Cokeis]

Fil could do the days he can and then they’d only have to fund the days they can’t?

I know it’s tough but I don’t think it’s discrimination.

[quaqua]

If it means that he can't access his FE college course then it would possibly be indirect discrimination?
Presumably the LA can't meet his needs as set out in his EHCP if he's not in college.

'Sis paid for after school care out of her son's DLA. NT children don't get that.' NT adults don't need their grandparents to care for them before and after college.

[MuchasSmoochas]

What age is DS? Sorry if this is a silly question OP but have you asked the college for suggestions? When you say FE do you mean Further Education?

Also it's not the case that all pick ups are from home, I'm aware of a number of councils which allow you to decide the pick up place (within reason)

[NewLove]

It's irrelevant as he's not a child...

[MuchasSmoochas]

No it's not irrelevant.

[ZigZagIntoTheBlue]

I havent rtft but it's not discrimination as a NT child wouldn't be allowed to get a taxi to an alternative address either (at least in my county). Count yourself lucky you had transport this far and look into subsidised transport costs or whether gps could pick up at?

[MuchasSmoochas]

In indirect discrimination the comparator is not an NT child. The comparator is the potential pool of people who share the protected characteristic and are at a disadvantage because of the policy or practice.

[CotswoldStrife]

I do sympathise that it is an awkward change of circumstances for you but I suspect that you knew getting the transport from your in-laws was a bonus and not an obligation from the Council. However, that doesn't help your problem now.

I see the transport as seperate from the care element (although I also expect that the child/adult will have to be formally handed over to someone at the each end of the journey) so although the transport is from home to college, the care could take place anywhere. It's not limiting you to care at home if someone could collect your DS from your house.

As for the after-school care for a NT child, I would expect the care provider to collect from school. For example, there is an after-school provider that collects from numerous schools, the ones close to the location walk and others are collected by car.

I agree with the PP who suggested speaking to the student services at the college to see if they can provide any help or point you to someone who can give any further advice. I hope there is no risk of your DS being unable to continue with his course.

IMO I would avoid the sad face local paper thing if it's not too late and I hope that a solution can be found that is convenient to everyone involved.