Transport query

[Brotherlove]

Hi all....can the panel folk here help me please?
if a child is in school with an IHP and named school (no IDP) and they move further than 3 miles away (still in county) will it be usual for council to provide transport to stay in that school - or will council expect the child to change and go to nearest school 🤔
Local policy does not mention IHP at all so no help there, only statements which is the old now outdated system.
Thanks!

IHPs don’t change eligibility for transport. If the current school is no longer the nearest suitable school the LA don’t have a duty to provide transport.

Do you know where gov policy states this please?
Our local policy is out of date.

The legislation is mentioned in this gov document. It includes a bit about moving to a new address (it mentions it in relation to parents splitting up, but it applies equally to other situations). Instead of Statement of SEN, now read IDP.

Thanks I will have a read

Do you mean IHP or EHCP? They aren’t the same thing. An IHP is not the same as a statement and has nothing to do with transport.

Ignore me. See you aren’t in England! Sorry shouldn’t have assumed.

How did you know the OP lived in Wales? Was it the reference to statements? Are they now called something else in wales as well?

It was the reference to “no IDP”. IDPs have replaced Statements of SEN in Wales, although some still have Statements as the transition isn’t complete yet.

Thank you-I didn’t know that. I’m in England but we do get pupils move in from Wales periodically so it’s useful to know!

It was much easier when they were called Statements everywhere!

@OvertakenByLego I've looked at the link thanks.
As my child's school is named in the IHP I'm confused as to whether the LA can make them change school as they will then need to rename a school and write a new IHP, train new staff for the medical need - for which the child has full-time care provided from health (not education) budget.
I wonder if it could be a discretionary decision for transport from the LA... ironically the 'nearest' school will also require transport so that may push the decision??? Hopefully?!

IHPs don’t entitle DC to transport. LAs can use their discretion, but it isn’t guaranteed as there is no statutory requirement. The nearest school also requiring transport rarely has any influence. Having said that, your situation is more complex than the vast majority of DC with IHPs, so it is worth asking and appealing if refused. I also wonder whether DC should also have an IDP.

@OvertakenByLego thanks. I suspect it will be discretionary if at all.
They did have an IDP on starting nursery, but as there is no 'learning need" the school senco (who was new and didn't really understand the system, and all the new changes) changed it to an IHP on annual review day with no prior discussion with parents/professionals. As health funds the IHP they are satisfied, I reapplied for IDP but child is said not to meet the ALN criteria without a 'learning need'.
It's nonsense but as full time support is in place via IHP no need to fight it at present by applying directly to LA.

I would disagree with the school's SENCO, I suspect there are special educational needs, the definition of which is wider than many realise. If you ever do pursue it, I would take it all the way to appeal.