Medical needs - school placement and transport

[PennywisePoundFoolish]

I am trying to help a friend.

Her DC1 is Yr7. Had life-changing surgery due which severely affects mobility shortly before starting secondary. The original choice school did not work out (large, no lifts, lots of stairs and staff attitude was...questionable), and DC has moved to a smaller secondary which has lifts etc. This has been done as a managed move.

Friend applied for transport and was turned down. Complained and was granted as exceptional circumstances. But LA will only provide fuel allowance and states assistance for medical needs only applies when attending the nearest school. Parent requested taxi for DC1 as DC2 has significant SEN, very difficult to get up and out.

DC1 ends up being late every day and gets very stressed. School site is also difficult to park and DC1 needs physical assistance to get out of car and into school. She is in appeal for a SEN school for DC2.

She is also currently housed in temporary accommodation and moved to current town in August. This is why agreed under exceptional circumstances but I'd time-limited (a year).
Distance from original school 3 miles
New school 5 5 miles
There's about 2.5 miles between DC1 and DC2 school

Is there a way to get LA to accept DC1 is attending the nearest suitable school for his medical needs and provide a taxi? I'm familiar with EHCPs but that would obviously take ages. The LA basically ignores all complaints and she's really struggling.

I am sure its nearest suitable school not just nearest school.
Has she followed the appeals process with supporting evidence.

www.SENTAS.co.uk is the very best place to get advice and get this sorted.

Paying mileage only relieves the LA of their duty to provide transport when the parent consents. It’s the nearest suitable school, the nearest school wasn’t suitable. You could contact SENTAS for help. Depending on the specifics judicial review may be possible.

X post, I should refresh the page before posting.

Every area is different regarding transport rules but I would recommend starting EHCP process asap, I'm surprised there isn't one in place already.

Every area is different regarding transport rules

They all have to act lawfully though.

Thanks all

I think she's basically fallen foul to the LA departments not communicating. It's incredibly frustrating, the LA is providing additional funding for DC1 and has been since he started secondary, plus the managed move, so the LA in general has plenty of information on DC1 already. And his medical needs are very easy to understand.

But the transport department just don't acknowledge this, and keep referring back to the exceptional circumstances criteria.

I think SENTAS only operates on a very part time basis but I'll drop him an email.

LGO decision here might be helpful to point out to LA.

There's some good advice on the IPSEA website regarding transport

Maybe worth talking to her MP.

www.ipsea.org.uk/pages/category/transport-to-school-or-college

The YP may not need one. If the required adjustments have been made by placement and there are no needs in other areas, it may not warrant an EHCP.

Yes, but then it is not legally binding and I would still advise getting that EHCP.

That is perfect thank you. Our LA are only concerned with LGO fines etc so it may be the kick needed

I take the point about EHCP but early signs is the new school is working out well. My friend has appeal for DC2's placement soon but the LA has been messing her around for over 3 years(!) and is generally stretched to her limits.

Tbf with SENDIST now having a 51 week wait for a hearing applying and securing an EHCP isn't going to be quick. LAs use the long wait as a money saving measure pushing parent to appeal every stage. Glad the LGO info is useful, that is our LA who frankly don't care about LGO fines considering it to be a saving compared with making the needed provision.