LEA may now agree to fund a place at non-maintained school but not fund transport

[vjg13]

We had a meeting with the LEA who now say they may agree to the non-maintained school we feel is most appropriate but as it's our chioce they will not provide the transport.

We could not fund the transport, too expensive or do it due to work.

Has anyone any advice or been in a similar position. My understanding is that if we get the school agreed at a tribunal the LEA will have to provide the transport. Is this correct?

don't know but hoping someone watching will
bump

DO try and contact IPSEA www.ipsea.org.uk

I believe they have a section on their website called transport.

I presume you reside in England rather than Wales (as the rules there re this is slightly different).

ww.ipsea.org.uk/transport-england.htm

From IPSEA's website:-

Paragraph 8:87 of the Special Educational Needs Code of Practice expressly provides that where the parental choice of school is further away than an alternative school at which the LEA considers that the student?s educational needs can be met, the LEA may nevertheless name the parents? preferred school but on the basis that the parents themselves arrange the transport.

However, in a recent decision called R (on the application of M) v London Borough of Sutton (decided 06/02/07), the High Court made clear that the LEA must in those circumstances also name the nearer school that it considers can also meet the child?s needs. If the LEA does not name another school, then it would be obliged to provide transport to the named school. If two schools are named, but the parents dispute that the LEA?s nearer school can in fact meet the child?s needs, so that they wish for the LEA to provide the transport, it may then be necessary for the parents to appeal part 4 of the child?s statement to the Special Educational Needs and Disability Tribunal or the Special Educational Needs Tribunal for Wales, even though part 4 may in fact name the school preferred by the parent. This would be solely to establish that the LEA?s alternative school cannot in fact meet the student?s needs, and have it removed from the statement so that the LEA is then responsible for providing transport to and from the only school named in the statement (the parents? preferred school).

(That link should also read www at the beginning not just ww).

Thank you for replying that is really useful. We have legal help and he has said he will try and see if the school we want can offer any help.

My daughter is in year 6 and we are unhappy about the school she is currently at and also the proposed secondary school. She could go to the non-maintained school now and stay until 19.