To be pissed off with transport for my SEN child?

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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??

This is a really good idea. He's 14 with disabilities now, but he will soon be a young adult with disabilities, and 'bedding in' his ability to use public transport is likely to be essential.

Huge sympathies; we've been there with transport to an autism placement. Our DS had the added challenge of fairly severe OCD contamination fears meaning that any different transport was automatically 'a risk', in his mind. We had to start with a single minute in his familiar junior school TA's car and work from there.

He's in his 20s now and recently back from interrailing. There's hope.

What about asking for direct payments for an enabler to accompany him on the bus?

Do you have to get a DBS driver? I know they are essential in institutions but as a parent it is up to you and most people use babysitters who are not DBS checked. Alternatively, a childminder with a car.

Are there any other parents driving in who live your way? Maybe they would be glad of a bit of extra money.

I've worked with young adults 18 plus, for 8 years. They don't have free transport at all. The higher the needs, the higher the disability allowance. This is supposed to allow the parents to be more financially comfortable, if one needs to stop work or reduce to part time hours. Your son will always need support travelling even when school ends, like college.

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!

Is there a way to get the bus thing to work - do it with him and then let him take over, step by step? I get it's not easy, but his life will be easier for him long term if he can cross roads and take a bus. You as his parents will not be there forever.

@Beautiful3

When he's 17 and off to college he'll be 3 years older and wiser than he is now. And close to driving age which he will totally be able to do. And that's just a very different time - he may well not even go to college but he is in a placement now.

But fine, I take your point that we shouldn't both expect to work and we should rely on the benefits.

He gets DLA (a few hundred a month - totally compatible with a professional wage we've we've forgone for 6 years to support DS) but that stops in a few years and then any PIP will go to DS. Not sure how that helps cover the lack of income then?

I really want to make this work. It's borderline on the face of it but the main issues is the crossing of extremely busy roads. There's no crossing points. It a challenge for adults to time it right. I'm looking at the routes to see if there is a different way avoiding the crossings but there's really only 1 main road.

Plus there are likely other kids on the bus. He's terrified of other people but particularly other teens.

Buts it's definitely something to keep looking into.

That's another good shout - thanks!

DLA even at the highest rate will not even come close to filling the financial hole left by a parents being forced out of employment and there is transport guidance and legislation. Sounds the the OPs LA is acting unlawful.

DLA is there to cover the extra costs of living for the disabled person (equipment, therapy, etc). It's not meant to provide an income for the parent of the disabled person. That is what carers allowance is for. But at £81 per week pushes a high number of carers into poverty as it's nowhere near enough.

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.

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

If he's not safe to walk alone he should be entitled to Sen transport. I'd suggest co t aging a send solicitor and seeing if they can write a pre action for judicial review or try sossen sossen.org.uk/applying-for-a-pre-action-protocol-letter/

There is no distance 'limit' on Sen travel, each case should be decided on its own merits,

sossen.org.uk/wp-content/uploads/2022/11/Judicial-Review-SOSSEN-.pdf

I’m in Wales so it might be different here but as far as I know there is no distance limit on school transport regarding children with disabilities. We live mile-1.5 miles away from my child’s special school and he is entitled to a space in a taxi. He’s way too much of a safety risk walking by himself and he’s a teenager now- despite his difficulties he doesn’t want his mum walking him to and from school. The taxi gives him a bit of suitable independence.

I’m genuinely shocked and appalled that you’ve been told your child isn’t entitled to this OP. Honestly there’s enough obstacles in the way of children with disabilities getting an education without petty shite like this.

And when you're done with the pre action for juridical review letter get a formal complaint in and go to the Local Government and Social Care Ombudsman so they don't keep trying this nonsense with other families.

@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?

SEN transport has been pointed out as one of the big factors tipping local governments over into bankruptcy. I know it's tough on families, but I do totally understand why councils are pushing really hard to try and get families to see if any other way can possibly work.

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.

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.

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

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.

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.

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).

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!