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Home to School Transport and shared care

4 replies

PlainClothed · 07/03/2012 19:22

Gah! My exH has done it again, and I need plain English advice so that he doesn't screw things up for DD.

I've put a post in legal - but basically, I want to know what the Education and Inspections Act says about shared care arrangements and eligibility criteria based on address and household income.

Let me explain!

DD is going to secondary school in Sept, and has been accepted at our first choice school which is one other than the priority area school for my home. DD spends 50% of her time here, and 50% with her Dad (agreed by mutual arrangement, no court order) - but, I get Child Benefit, Child Tax Credit and CSA. I consider myself financially responsible for DD - and pay for all necessary expenses at both homes. My address was used for the purposes of school admission application because I get the child benefit - but exH current address is in the priority area for our first choice school.

The address issue has always been a problem for exH and he has, in the past, notified the school, GPs and so forth that DD has changed her address to his - causing major confusion on a regular basis.

Anyway, the letter offering DD a place sets out the criteria under which she would be eligible for free home-to-school transport. These criteria are based on the location of DD's home address in relation to the various schools, and the financial circumstances of the household where she lives.

It is possible that my financial circumstances would mean DD would be eligible for transport from my home to school, and I planned to apply for free transport, once I am receiving the relevant benefits, before DD starts in Sept. ExH didn't know all of this because he has a habit of blabbing personal info about my household finances to all and sundry, so I don't tell him!

My exH however, is making things very complicated. Firstly, as soon as I sent him a copy of the offer letter, he decided that he wanted to buy a spare seat on the school bus for DD (a spare seat scholars term ticket) for her to travel from both homes and asked me to submit a joint application with him for this - but he wanted to use a future address for a house that he has put an offer on in order to add weight to the application, because then it would be on the same route as the bus from my house, rather than a different route where he currently lives.

Then, when I told him that DD might be eligible for free transport, he said that I must make sure that I put on the form that DD has special circumstances because she would only be eligible for free transport when she was with me, and not when she is with him, but he wants to "buy" a seat on the school bus to and from his "new" house at the same time.

There are so many variables and so many different possibilities that it seems sensible to wait until nearer the time. As far as I am concerned, I will make sure that DD can get to school from either her Dads house or mine and I have told him this. You would think he'd be happy with that, but no, he doesn't want me to sort it out.

He says it's urgent because we have to ensure that DD gets a seat and he wants to be fully involved and submit a joint application as soon as possible, with DD's special circumstances clearly detailed. My concern is that if he applies for a paid-for seat from his "new" address, the Local Authority will then discount my application for free transport later in the year. ExH works in the same building as the School Transport Team and from what he has said, he seems to be in their office every day getting advice, but of course he hasn't got all the facts.

It feels like I'm trying to be reasonable, but he wants me to do it his way - even though the system doesn't allow for that. I have reassured him that I consider DD to have "two homes" emotionally and practically, but that this is a legal thing - but he seems to want to make some sort of political/social point, which is making things really difficult.

Help!

OP posts:
Are your children’s vaccines up to date?
purpleroses · 07/03/2012 21:59

I think you're right. From my experience (and of people I know) LAs don't really do shared care. They certainly don't regard it as worthy of any special treatment in terms of transport costs. You and your ex need to give them a consistent story as to which house she lives at on the majority of school nights (ie Sun-Tu nights). They will not pay transport to any other address as far as I know (though might allow you to pay for it yourselves on the school bus)

But sounds like you might be best to speak to them directly to check on how they work.

bochead · 07/03/2012 22:37

He can't base an applcation on an address that isn't his YET. For an LA to consider it as anything other than an attempt to fiddle the catchment area he has to be living there and able to show his council tax bill, utilities etc. He's more likely to lose her the school place than get transport as he wants it through his shenigans.

Make the transport application from your own address as you planned. If he continues to be silly ask him
a/ If he actually wants her to attend the school you BOTH agree is first choice?
b/ Is he willing for her to go to the town dump school because the LA get confused about where her home address is and her place is lost while they do a fraud investigation? All decent schools have places allocated at this point.

PlainClothed · 07/03/2012 22:55

bochead I don't actually think the school place itself would be in question - thank goodness - as it was secured on the basis of my address which is out of area!

He has been totally single minded about this school and addresses though - when we separated, he moved to a different town and applied to register DD at a different GPs surgery - when I brought this up with him in mediation, he told me it was to make it easier for her to get into this particular school - that was three years ago!!! He is moving again apparently, to be nearer the school (that's what he told DD) but he doesn't seem to understand that the LEA doesn't care where he lives; it's my address that matters!

I've told him this evening that if he doesn't like the way the system works then he can apply for a residency order.

OP posts:
bochead · 08/03/2012 00:07

Does he actually understand it's "the system" he's fighting and not you?

Fights against "the system" for the sheer sake of it are a total waste of time or I'd have started the revolution a long time ago and now be global dictatorWink.

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