To think the council isn't allowed to deny providing transport on the basis that my child can be late every day if I provide it?

[Senmater]

My DD is in primary school and has an EHCP, as well as a blue badge. She goes to a different primary school to her siblings, as her siblings' primary could not meet her needs (they formally refused her, then appealed against being named when the council tried to name them regardless). I tried to move her siblings (also primary )to her school but there is no space. Both schools start at exactly the same time.
I am putting her siblings in breakfast club daily, so that I can get everyone to school on time. My DD would not cope in breakfast club/breakfast club would not cope with her.
I asked the council for a transport personal budget to cover this cost, which is far cheaper than a taxi to take my DD to school. I have said that if they refuse this on principle, we would accept a taxi, but this is a far less efficient use of funds as it would be a lot more expensive.
The council have refused on the basis that my DD could be late everyday, and apparently her school says that is fine. The school have never told me this, in fact I have been told the exact opposite by the class teacher.
As she has autism, being late and changing her routine would cause her a great deal of distress. I also view her learning as important and do not consider it reasonable that she misses the first part of school everyday.
Can anyone advise on the legal basis here? Siblings are too young to travel independently to school (one is in infants), and my DD has a blue badge and complex needs and therefore cannot travel independently.

I don’t think you’re being unreasonable to ask this at all!

However I don’t know the legalities of whether they can be made to pay. I think if they continue to refuse you’re doing the right thing by all of the children with the set up you have as no one is late this way.

I am confused so you would use the transport budget to pay for breakfast club for the other kids, not for a care assistant or petrol for the child who is been given to. I don't think its unreasonable to be refused on this basis. There will be a time when they would all be in separate schools as in different secondary and one still in primary and you have to figure out transport. is the other parent able to do drop off for the younger kids

I think there needs to be some compromise. Now that the school have confirmed to the council that they are happy for her to be late, and seeing as she needs routine, could you not plan to be the same amount of late everyday? That way both your needs for flexibility and her needs for routine are both met.

Councils don't have deep pockets unfortunately, and so they have likely weighed your DCs case against other applications for funds and found that her being a little late isn't as big a need as another case.

If your DC is distressed going in late, then this will likely disrupt the class, and so you may find that the school become willing to support you with evidence of this to the council.

People have to pay for breakfast clubs for all sorts of reasons to make their mornings work. I don’t see why you shouldn’t have to pay if that’s what it takes to make your mornings routine run to time?

Because the only reason I have this expense, which is not insignificant at nearly £50 a week, is due to having a child with SEN.

I am not putting all my children in breakfast club so I can get to work. I am earning less as I have to be around for my SEN child so I have had to cut my hours significantly. It seems like yet another cost of disability. If none of my children had sen, they would all be in the same school.

Isn't that what DLA/PIP is for? Paying the costs that wouldn't occur if you weren't disabled? I realise that assumes that your DD is eligible for them.

No one else available, no. Most secondary school children make their own way to school, so I am not sure why that is relevant.

The council has a duty to provide transport in the case of Sen, I am wondering if anyone has insight into the legal basis here.

I would write a letter to the school and cc in the person from the council who has told you this, saying that ‘as per John Smith on 1st April, as X school and Y LEA are happy for your child to be late for school every day so you can drop your other children at wraparound care, you will be bringing him to school at 9am every day as agreed. Please confirm in writing that this arrangement will not affect his attendance percentage.’

When the child who is currently in a different school would have went to secondary you would have had this same issue. they wont be able to go to secondary alone. You cant ask for a transport budget and spend it on breakfast club and if this was in your application of course it was rejected. had you applied for a taxi and PA you would probably be approved as its directly for use of the child in need. Depending on distance and public transport no not all secondary kids make their own way to school

Would you suggest I do this in order to see if the school genuinely means this/said this? It would be distressing for my child to do this, so I do not want to cause distress to make a point.

How far away is the school and is there a safe walking route?

the council do have an obligation to provide transport in a good number of circumstances but I think that you might be arguing an the wrong point here iygwim.

I have asked for a taxi if a personal budget is not possible. The council has said they will not provide anything.

Sen children are entitled to transport, be it primary or secondary.

My child cannot safely walk due to SEN: they have a blue badge. Which point should I argue?

SEND school transport is an area that is facing huge cuts and is part of the reason for changes to SEND. It is only going to get harder to access in future.

I’m not an expert but your LA will have criteria for transport. Does ur child meet the criteria?
have you appealed a decision with the LA around this?

are there other children at same school getting transport from near you?

every situation is different so I don’t know if ur child can share transport, needs their own? Wouldn’t cope with escort etc.

Hi
sorry I can’t help with the legal stuff as I don’t know the current law but if I’m understanding correctly you appear to have told the council you want the money to fund breakfast club for the other three. It seems you might have ‘shot yourself in the foot’ and they can certainly refuse that as the fund isn’t going to be used as intended.

might be worth finding out from other parents with this funding whether they have to submit proof of spending. Nothing would surprise me with the council. Maybe you need to revisit this from another angle to achieve success. Sorry I can’t remember the whole post but did you say you’d already appealed?
sorry it’s a shitty situation and it isn’t fair I agree. I’m dealing with a grossly unfair situation with my adult SEN child - it never ends sadly.

I would send the letter to the school and include that you are concerned that arriving late would cause them to be destressed and disregulated and do they have a strategy to cope with this.

I suspect the school hasn’t agreed to this!

Are you willing to go and request an early help referral? Your area may have another name for it, but there may be support via this route.

how late would your daughter with Sen be? Could there be a way of using it to have a bespoke start to the day with support that actually works for her? Meeting an LSA in an area then quiet time before class?

What benefits does your child already receive? If in receipt of dla/pip then this is covered.

Also, I think legally you could ask for a personal budget for transport and spend it how you wish. BUT it’s likely to be about 70p a mile and wouldn’t touch club costs.
Legally I think your options are to request transport, or a personal budget. Early help may give access to some other support, but isn’t a right.

I was trying to help but your pithy response has put me off. Perhaps googling the councils obligation for home school transport or speaking to sendiass might be better.

I would first check with her school as if they've already said they're happy for her to be late, and they have a plan, then there's no issue really. I really don't think you'll get the costs of breakfast club covered unfortunately.

The criteria for home - school transport is very rigid. Contact your local authority transport team and ask them for the specific criteria for SEN transport and the specific reason they are refusing to provide. That way you can see how they've come to their conclusion based on their criteria rather than based on what you are asking for. It sounds like (I could be wrong) that they have 'matched' your application against the criteria and the system says no. This could be because of the way your application is worded or a number of different factors. Your local authority will have a senior transport adviser or transport manager, ask them to explain the refusal in writing.
With SEN budgets the way they are, local authorities are veering towards providing fuel allowances etc but in order to appeal their decision you need to be very clear how they have scored your case against their criteria.
Also, without wishing to sound pedantic, why would she suddenly be late if she isn't late now?

What is the distance between the two schools? Are there any other parents who could occupy your other two children before school starts?
There are a few of us on our estate going to the same school and they are our back up when I can't quite get them to school or pick them up but don't need the childcare long enough to justify breakfast after school club. For example the other week I had an appointment 2.45-3.15 but school pick up is 3.15 another mum picked her up and I caught up with them half way home.

I think the OP means if she stopped doing breakfast club to save the money, she'd drop her other children and then drop her SEN daughter so her daughter would always be late.

How far away is the school your child with SEN attends? I think entitlement to a taxi is based on distance OR if the child could not walk to school anyway due to their disability (regardless of distance) which would appear to be the case here since your child has a blue badge. Therefore, she is entitled to transport.

Under Section 508B and Schedule 35B of the Education Act 1996, local authorities (LAs) have a mandatory duty to provide free travel arrangements for eligible children.

Standard walking distances are 2 miles (under 8) or 3 miles (8+). However, if a child cannot walk this distance safely due to SEN, they are entitled to transport even if they live closer than this.

Transport must be "suitable," allowing the child to travel safely and comfortably without excessive stress. This can include special vehicles, escorts, or transport for parents.

There is no provision in the law for them to pay childcare costs for other children, even if it might be cheaper. LAs - as I’m sure you know - do not operate in a logical or pragmatic manner.

It’s not reasonable for them to expect any child to arrive late daily and miss learning. This would be particularly difficult for a child who needs routine and would be distressed by having to be different to everyone else and trying to settle into class having missed some of what they are doing so constantly playing catch up.

Go back to them and quote the law above. Assuming that this school is now the named school on her EHCP they are required to provide her transport as she cannot walk to the named school. No need to mention your other children/ clashing drop off times as at as this is not relevant, legally. They will have to provide her a taxi and an escort, if she requires one to manage the journey.