Transport refused

[Petrarkanian]

Hi, I'm just looking for any ideas and help please.

My daughter will be yr 14 in September and we've just had her transport application declined as my husband is wfh at the moment due to Covid.

The panel decided that he has the flexibility in his job to take 2 hours out everyday to do the college run. He doesn't have the flexibility and we also don't have a 2nd car as he is a train commuter.

I've asked to see the evidence for this and appealled the decision but I knew when they asked if he was wfh that they were going to decline it.

She can't take public transport as she's not able enough and there isn't any that will get her there.

I just feel so deflated, we fight for the EHCP, the special school, the transport, for bloody everything. It should be made easier for these kids NOT harder.

Mainly whinging but if you have any ideas please let me know.

We've had a good run with transport, never declined before.

Thank you

Get in touch with SENTAS, they help with transport appeals.

Thank you

Hi @Petrarkanian, We've just been turned down for transport too. My DS is 11 and starting secondary in Sept. (He's been awarded a place in an autism resourced provision so obviously his needs are pretty high.)

I literally don't know how we're supposed to get him to school. I now can't sleep at night through worry. I got a half page standard letter from the council saying 'there are no exceptional circumstances' so he doesn't qualify. Despite me sending in his EHCP, letters from physio, EP etc.

I've booked a call back from IPSEA in a week or so. If they have any tips for appeal, I will post them here.

I totally agree with you - life is just such a constant battle to get our DC the BASIC access to an education. It shouldn't be this hard.

Sorry you're going through this too.

Tomanyminifigs SENTAS specialise in transport appeals.

Is the ARP the nearest one that can meet DS' needs, and is it named in section I as parental preference?

@10brokengreenbottles: thank you so much for your response. I'm a long time lurker on these threads and I've seen all the help and support that you've given to people.

The ARP is named in Section I but it doesn't say 'parental preference' (I've just checked). There is another ARP nearer but the one he's been awarded a place at has a specialism that the nearer one doesn't (IYSWIM!). He was awarded a place without an appeal so the LEA obviously agree it's the best one to meet his needs.

It's 2.4miles away. The letter from transport I was sent baldly says 'doesn't meet criteria for transport as it's under 3 miles'. It's as if they haven't read any of the evidence I submitted.

Toomanyminifigs SENTAS have the guidance to quote to the LA which states the statutory walking distance isn't relevant for SEN transport requests, here.

Have you asked for a copy of the policy?

As it is not named as parental preference and is the nearest suitable placement, there may be another ARP closer but if it hasn't got the specialism it isn't suitable, you have a valid complaint. If your appeal fails depending on specifics you may be able to go roc Judicial Review or complain to the LGO.

I asked about parental preference as LAs often name the school parents want as parental preference when there's a closer school they believe can meet the child's needs if the parents fund transport. And SENTAS have an article on how to challenge this.

Thank you, under a previous name I received tremendous support from MN'ers that I could never repay. Now we are in a better position I try to help others.

@10brokengreenbottles: Thank you for that. I did wonder if that's why you are were asking about the 'parental preference' thing as I'd heard it could sometimes impact transport requests.

The refusal letter I was sent did have a link to the LEA's transport policy and it states that:
'These categories of children or young people will always be given travel assistance if they are:
Attending or have secured a place at the nearest appropriate qualifying school and
Unable to walk to school by reason of their SEN, disability or mobility problem.'

I have a suspicion that most LEAs say no to everything (transport, needs assessments, EHCPs) as a default as they know that for many parents who have DC with additional needs - just getting through the day is hard enough. The thought of taking on an appeal can feel too daunting.

That's why these forums - and kind people like you - are a godsend.

Thank you for your advice. I will speak to SENTAS too and go away and do some research and then start another thread if I need some more help. (I know we only have a limited time to lodge an appeal.)

[quote Toomanyminifigs]@10brokengreenbottles: Thank you for that. I did wonder if that's why you are were asking about the 'parental preference' thing as I'd heard it could sometimes impact transport requests.

The refusal letter I was sent did have a link to the LEA's transport policy and it states that:
'These categories of children or young people will always be given travel assistance if they are:
Attending or have secured a place at the nearest appropriate qualifying school and
Unable to walk to school by reason of their SEN, disability or mobility problem.'

I have a suspicion that most LEAs say no to everything (transport, needs assessments, EHCPs) as a default as they know that for many parents who have DC with additional needs - just getting through the day is hard enough. The thought of taking on an appeal can feel too daunting.

That's why these forums - and kind people like you - are a godsend.

Thank you for your advice. I will speak to SENTAS too and go away and do some research and then start another thread if I need some more help. (I know we only have a limited time to lodge an appeal.)[/quote]
I promise you that's not true. I worked in SEN transport for many years. As the council spend public funds they have to demonstrate that they are spending the money appropriately - in this case by adhering to the policy.

Although they use the mileage as a guideline to check eligibility they must consider your child's individual needs. The best thing that you can do would be to get a letter of support from a GP or other medical professional that essentially says that your child wouldn't be able to walk to school, even when accompanied as necessary due to their special educational needs. You would then need to explain why. This could be due to a mobility problem, or safety concerns. Maybe if your child has a history of running out into the road and has no danger awareness.

If your child is aged 5-16 they have a statutory duty to ensure that your child is able to travel to school in a way that is safe and stress free. Make sure you read up on their policy x

I also just want to add that apart from some bad apples, most people that work in the SEN field do so because they really do care and want to help. That makes it a hard job to do when due to policies and budgets you sometimes have to say no when you wish you could help everyone x

Holly Unfortunately it is true. There are many LAs that turn down the vast majority of requests for SEN transport and EHCNAs/EHCPs initially in the hope parents don't pursue the matter. There are LAs operating with illegal blanket policies. You only have to read these boards to see that.

As I posted above the statutory walking distances aren't relevant for SEN transport requests.

@Petrarkanian: how are you getting on with your appeal? I have now spoken to both IPSEA and SENTAS and they were both really helpful. In my particular case, they have advised me that they believe my LA's SEN transport policy to be unlawful! I found this really shocking but they both told me that it's not uncommon - so please do get some advice if you haven't already.

In my previous post I wasn't suggesting that individual SEN case workers are to blame. I have actually had good experiences with many individuals at my LA. I know that people who work in these departments hardly do it for the glory or the pay!

I do think though that given the percentage of parents/carers who win at tribunals against decisions such as refusal to assess or issue an EHCP (think it's around 90%?) that something must be wrong with the system as a whole.