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??

That isn't transport guidance from the gove but BS made u by your LA.

Yes and ? I never said it was made the government! … i simply said this is my sons policy!

I know for normal schools it's 4 miles and then transport kicks in via council, 2 miles for a SEN child seems absolutely reasonable.

Question to your MP....?

Unfortunately it's the government's BS in guidance issued in January, but it's highly likely to be unlawful and open to challenge.

Distance is irrelevant for children with SEN if their SEN mean they can't walk to school. In theory an SEN child could be entitled to transport even if the school is 100 yards down the road, though in that case it would probably be limited to providing an escort at most.

Also for children without SEN the distance criteria are 2 miles for primary aged children, 3 miles for secondary.

Good luck op. I ended up working 9.30-2.30 so I could do school drop off and pick ups for sen dc even into teenage hood. Luckily hospital I work in was very accommodating as I pick up bank on weekends too

My child gets transport provided and we live 0.6 miles from school

The statutory walking distance isn’t 4 miles. It is 2 miles for children under eight. 3 miles for those eight and over. As set out in s.444(5) of the Education Act 1996. Not that distance is relevant for DC who cannot reasonably be expected to walk to the school because of their disability or SEN.

That is short lol but great for you. Is it a minibus or taxi? I fail to see what the issue is, if he can't do the journey alone he needs transport. 🤔 or are the expecting the DLA benefit to pay for it??

Thank you, I'm glad I'm not going mad with this random rule.

Who did you appeal too? The LA transport team? I'd just get in touch with the sen transport charity a pp mentioned on page 1 tbh. My LA love to make up rules,on top of and exceeding the law.

it’s a bus with a few others. He’s only on it 5 minutes. When he was in mainstream I took him myself and used some wraparound. When he was forced into Sen school, there was no wraparound so without transport I would have had to quit my job. Even though I know parents working hours is not a reason to provide transport, I had to push for it in a different way.

They’ve never taken work circumstances into account. It’s best not to mention that to them.

You need to come up with a different angle instead of it’s because of work, that doesn’t matter to them.

I didn't mention work in the appeal. Apart from on the question where it asked what has changed (as he currently attends that school)

It was all about DS needs and inability to use public transport or walk that far.

They've come back and said they expect a parent to accompany him and that is not unreasonable (but he's 14, non disabled 14 yrs aren't expected to have a parent be with them)

You could argue that at 14 your DS needs to step towards independence and as part of that he needs to travel to school without a parent.

However, it does matter in legal terms. If parents have to give up work because they have a disabled child and the LA doesn't fancy complying with its transport duties, that is grossly discriminatory and unlawful.

Did you notice that this 14 year old has quite severe learning difficulties and neurodivergence?

Well good luck fighting them. The kid will have left secondary by the time anything gets sorted unlawful or not.

Do you have a blue badge for him?

We are in a similar position in that we are 1.9 miles. Albeit DS is 6.

We got transport on the basis that it's along two main roads and he has a BB for Risk in Traffic, plus his teacher wrote a statement.

If he has a BB point out he's considered enough of a rosk to qualify

Yes I did.
When my DS (13 at the time) was offered a place at a specialist placement the LA wanted me to transport him. One of my arguments for a taxi was that DS didn’t want to travel with me everyday and needed some independence. Also DS is very compliant when getting ready for his taxi driver and leaves on time for him, if I take him it’s a battle to get him ready and he complains about school the whole journey meaning he’s already irritated when he arrives to school.

I don't think there is any hard and fast rule I think we are about3 or 4 miles from my Sons special school and he gets transport
It does obviously depend on the needs of the child

How many breakfast clubs childminders etc do you know that are willing to take a 14 year old?

Doubt this will be useful but one thing I’ve seen around here (Surrey, another shithole of an authority for SEN) is “lady driving services”… they’re more aimed at driving elderly people to hospital appts but I’ve also seen them dropping off kids at my kids mainstream school. They advertise having DBS.
my DS who’s at a SEN unit within a mainstream is only 6 and so far we’ve had no problems with taxi transport (I feel like the only one in the county!). Surrey’s special trick this year has been to deny transport to all reception child who’ve been given a place through SEN admissions, if they’re not of compulsory school age in September (so 3/4 of kids presumably). So much upset and stress.

We don't have a BB for him but I think as they are using the new guidance, it's irrelevant. They've said they expect us to accompany him on roads / bus etc to manage his safety.