Transport to school - LA funding?

[onedayatatime73]

Can anyone give me some insight into the process for this?

trying to be brief-

currently visiting schools to find a provision for DD
have exhausted those that are in borough
the ones we are looking at are in central London (we are south london) and would take about 50 mins each way by car.
public transport not an option

the LA said to me that this is a completely separate process from securing the school placement itself.

specifically would be helpful to know-
What is the process / essential criteria?

how long does it take to go through / and can you appeal if wrong outcome?

is it means tested?

if they say no. And we can’t afford to fund, and there isn’t a suitable alternative near us, then what happens?

Sorry. A bit stressed as you might be able to tell.

Have you got an EHCP? Is the need for transport written into the EHCP?

Is this the school that the LA have named as the provision?

Transport applications are dealt with separately to admissions.

Assuming DD is compulsory school age, the LA has a duty to provide transport to eligible compulsory school aged DC who attend their nearest suitable qualifying school. There are a few ways of being an eligible child. One is if DD can’t reasonably be expected to walk to school because of his SEN &/or disability. Another is if the school is more than 2 miles (for under 8s) or 3 miles (for 8+) away. So it is worth knowing which criteria you are requesting transport under.

If you have an EHCP, case law dictates this won’t be included in F in most cases.

If you have an EHCP, sometimes LAs name the parent’s preferred school in section I but include a caveat about transport &/or not being the nearest suitable school but parental preference. If that happens, you will be able to appeal the EHCP via SENDIST.

How long the application takes varies. Yes, you can appeal if refused. Depending on the specifics of the case, judicial review may be possible. If you aren’t eligible for transport, or the LA decides you aren’t but you don’t challenge the decision, or challenge it but are unsuccessful, you will be responsible for transport.

Transport isn’t means-tested.

If you haven’t already, it will help you to read the school travel statutory guidance. However, it might also help you to read the actual legislation in the Education Act 1996 too and some of the news articles from the time the current transport guidance was released because there are some inconsistencies between the statutory guidance and legislation and case law. The statutory guidance does not trump the legislation.

The rules are different if DD is below or above CSA.

Thank you.