Denied transport, sibling needs to move schools to qualify

[Unbakey]

DC4 attends SEN school 1 mile from home.

DC9 attends mainstream school 0.5 miles from home. There is another school 0.3 miles from our home.

Transport was granted and the age overlooked due to having a sibling in mainstream school. Then decision overturned and denied due to sibling not attending the closest school.

Closest school finishes 10 mins later than current mainstream school. Still wouldn't be able to be at both schools in time.

Don't want to move DC9 to a new school as they put up with a lot due to DC4s disability.

Have been advised to appeal, only to find out if we win then its granted under "exceptional circumstances " and that is subject to a minimum annual fee of £600.

Speechless. Not sure what to do. We don't have that money spare. At all.

No family to help.

@prh47bridge - can you help with this one?

Get in contact with SENTAS, they specialise in helping with transport appeals. You can challenge this without having to pay for the transport.

Unfortunately DC below CSA aren’t automatically entitled to transport, but the LA do have discretion to provide it where it is necessary. Once DC becomes CSA they will qualify for transport, although some LAs still force parents to appeal.

If the transport is for DC4, the fact DC9 doesn't attend the nearest school is irrelevant. If DC4 cannot walk to school due to SEN, they are entitled to free transport once they reach compulsory school age, i.e. the start of term following their fifth birthday. If the child's SEN means they cannot walk to school, any attempt by the LA to charge for transport when they reach compulsory school age is unlawful.

If you are correct that a child awarded transport through an appeal must pay at least £600 per annum, I would question the legality of the appeals process. Which LA is this? PM me if you don't want to post it publicly.

Sorry, I wasn't clear in the OP.

Transport help is needed due to the two schools having different finishing times. I can get them both to school in the morning as there is 30 minutes between the two drop off times but in the afternoon I have 5 minutes which is impossible unless I learn to teleport.

Transport would be for DC4, had originally been told that we had been approved for transport and the age rule had been overlooked due to sibling, then was passed directly to transport team who changed their mind and said it had been denied due to sibling attending school 0.5 miles away instead of schools 0.3 miles away.

The central question is whether DC4 can walk to school or if their SEN makes that impossible. If they can't walk, the LA must provide free transport when DC4 reaches compulsory school age.

They can walk, it's the timings of the two schools letting out that clashes and makes picking up both DC impossible

The SEN and disability criteria are about much more than the physical ability to walk. It would be unusual for DC to have such significant needs they have a SS named in their EHCP but not meet the criteria for transport under the SEN and disability criteria.

From transports own mouth:

"In the case of children with SEN, a disability or mobility problems, transport will be provided where there is a need for primary age sibling(s) to be taken to other school(s), provided that the school(s) is/are the catchment area school(s), or a nearer school or next nearest school. Also, it would need to be shown that the timing of the school day or the direction of the other school(s) would prevent the parent or carer from accompanying the child(ren)."

DC9s school is a catchment school, is the next nearest school, but they are saying no because its not the closest school. 🙄

As soon as DS is CSA that policy won’t apply. Even before then you can challenge it, and also challenge the fact they aren’t adhering to it.

Is CSA short for compulsory school age?

Yes it is, sorry I should have written it out.

It isn't just the physical ability to walk, no, but the legislation is clear that the deciding factor is whether the child can reasonably be expected to walk to school.

I know, I was responding to the OP saying DC can walk, pointing out it isn’t just the physical ability to walk as many parents don’t realise this.

Given that policy, they should provide transport. Remind them of their policy. If that doesn't get you anywhere, appeal. I note your comment earlier about having to pay following a successful appeal, but if the outcome of the appeal is that your child should be getting free transport under their policy they cannot make you pay.

Challenged that, they came back with this

As set out in Section 4.19 of the policy next nearest school comes into play when the catchment or nearer school are unable to offer a place. As in this case there is a nearer school with space you do not qualify under next nearest school with space.

If you wish to challenge a transport decision your rights of appeal are set out in Appendix 2 of the Home to School Transport Policy. These are assessed on a case by case basis by colleagues in Children’s Services who will determine whether transport assistance should be provided as an exception to policy.

Please be aware that where transport is agreed as an exception to policy they are normally only agreed for a short period (up to 1 academic year) and is subject to a charge (see table below). The charge is waived where the child is in receipt of free school meals due to low income or the family are in receipt of maximum Working Tax Credits.

Distance to travel

Annual charge

Up to 5 miles

£600

5.01 miles to 7.5 miles

£831

7.51 miles to 10 miles

£1,164

Over 10 miles

£1,330

Honestly OP just appeal. Contact SENTAS if you need help.

Poorly worded, but the bit about needing to pay is where transport is agreed as an exception to policy, not about what happens when an appeal agrees that policy has not been applied correctly.

I would have to see the full policy to comment on whether their interpretation is correct.

Have contacted SENTAS and will be getting a call from them to discuss the case later this week :)