To be pissed off with transport for my SEN child?

[blackwhitegrey]

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??

@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!

@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.

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

"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.

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.

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.

🤣🤣🤣

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

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.

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.

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?

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.....

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

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.

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

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.

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.

I tried the ‘but I need to get to work’ approach initially and had the same response as you. The best thing to do is not mention your working situation at all, as you are right, they don’t care about that and have no duty to you in that respect.

Just focus on the fact your child can not safely get themselves to school and can not travel independently, once you can evidence that and they accept that, they will have to provide regardless of whether you are available to do it yourself or not.

As I said earlier, for September they offered me £1000 per term personal budget, this would be no good to me as I work so cannot accompany him (otherwise I’d just drive him) but I didn’t mention that. I just thanked them for acknowledging their responsibility but made it clear that doesn’t work for us and we will require a bus or taxi. They accepted the next day.

No, probably not actually.

I can try and look again at a private taxi hire. I just imagine it will be SO expensive twice a day.

Perhaps a childminder who lives close to the school and you can drop him off and collect him from there.

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

only temporary so your husband can accept the job and you can continue to challenge the LA to pay for transport in the longer term

No, you don't need to be 6 miles away. Children unable to walk by reason of disability and/or SEN also qualify.

Id suggest contacting a send solicitor now and seeing what they say. I wouldn't like to advise any further on whether to wait for the next appeal or not.