Is the council allowed to deny transport on the basis that 'the school says your child is allowed to be late'?

[Senmater]

My DD is in primary school and has an EHCP, as well as a blue badge. She goes to a different primary school to her siblings, as her siblings' primary could not meet her needs (they formally refused her, then appealed against being named when the council tried to name them regardless). I tried to move her siblings (also primary )to her school but there is no space. Both schools start at exactly the same time.

I am putting her siblings in breakfast club daily, so that I can get everyone to school on time. My DD would not cope in breakfast club/breakfast club would not cope with her.

I asked the council for a transport personal budget to cover this cost, which is far cheaper than a taxi to take my DD to school. I have said that if they refuse this on principle, we would accept a taxi, but this is a far less efficient use of funds as it would be a lot more expensive.

The council have refused on the basis that my DD could be late everyday, and apparently her school says that is fine. The school have never told me this, in fact I have been told the exact opposite by the class teacher.

As she has autism, being late and changing her routine would cause her a great deal of distress. I also view her learning as important and do not consider it reasonable that she misses the first part of school everyday.

Can anyone advise on the legal basis here? Siblings are too young to travel independently to school (one is in infants), and my DD has a blue badge and complex needs and therefore cannot travel independently.

That’s not a lawful reason.

Focus on DD qualifying for transport in her own right rather than having DC in two schools. If the school is more than 2 miles away (if <8 y/o) or 3 miles away (if 8+) &/or DD cannot reasonable be expected to walk because of her SEN, she is eligible. Appeal. Depending on the specifics, JR may be possible.

What is JR? Judicial review? My child cannot safely walk due to sen

Yes, judicial review. You would need someone to look over the details of your case to know whether going down that route is an option. If it is, you would need a pre-action letter.

Oh gosh, I already have a solicitor but his billing is eye watering. I don't think I can afford this.

SOSSEN will be able to look at the details of your case and tell you if you have a case for JR for transport. JR proceedings themself would be in DD’s name, so she could be eligible for legal aid in her own right. That wouldn’t cover the pre-action letter, which would be in your name, so only covered by legal aid if you yourself are eligible. If you aren’t but can’t afford one via the solicitor you are using (is this for something else SEN related?), SOSSEN will be able to help more cheaply.

We have a solicitor to provide advise for an upcoming tribunal. It's been advise only but I have still been billed well into the four figures. I'll investigate sossen thank you.

If money is tight, going forward, I would save your money rather than use a solicitor for an appeal.

Transport wise, definitely appeal. DD is eligible for transport. The LA is responsible for that transport. And DD is entitled to a full-time education, so the ‘solution’ definitely isn’t arriving late!

You are right, it's just not economical to use the solicitor for the appeal. I would be paying more than any transport budget I would receive. All the costs of raising a disabled child.

Sorry, when I said you don’t need a solicitor for an appeal, I meant the EHCP appeal i.e. Tribunal. But the same applies to a transport appeal. You definitely don’t need a solicitor for a transport appeal.

If you go down the JR route for anything, you would.