Appealing against transport decision

[Pezza4u]

My step-son is starting secondary school in September and is currently at a special needs school. His mum and me visited several schools before making a decision on which one would be best for him. Although the headteacher at his current school couldn't influence the decision he agreed with our choice.

However, they LEA have said they will not provide transport to this school as it's not the nearest. The nearest school is not suitable though and we feel it will set him back going there. The reason for this is his speech is alot better than the children who go there, where the majority can't talk at all. As mentioned above his headteacher agrees with us.

They told my partner last year that he can go to that school providing we supply and fund the transport. She signed the form and sent it back without actually looking into it any further or how much it would cost us. I have worked it out that we will need £50-£60 a week to get him there ourselves, money we just don't have. I work full time but everything I earn goes on the bills and my partner doesn't work at the moment.

I want to appeal against their decision and at least ask for help with the transport costs. I'm not sure how to go about this though and who to contact first? I'm assuming I need to do my research first to backup what I say.

Also their chosen school is 8 miles away, ours is 12 miles so not alot of difference. If they're willing to fund transport to the other school surely they could at least help us with the costs?

TIA

As your wife has signed an agreement saying that you will provide and supply the transport I think you maybe stuck on this one.

The statement does say if for any reason we can no longer take him he will be transferred to the other school. There is no way we can afford the petrol to take him there and unfortunately my partner didn't think of this at the time. She was just concentrating on getting him into a suitable school.

Even though she signed surely we can still appeal against the decision? I'd rather try and be told no than not do anything at all.

Oh yes do appeal anyway you never know what could happen - also write to your MP see if he will back your appeal maybe?

have you had a look at ipsea, thay have a section here you may find helpful, you could try ringing them as well.

It might be worth finding out if there are other children living near by who get transport to this school. If there is already a school bus/taxi driving past your door with space you may have a stronger case to add dss also. In theory spare spaces not entitled to transport have to be paid for but I think many areas have an upper limit which may make it cheaper than driving yourself. Always worth trying!

Thanks for the replies and the link bigcar, I didn't even know that website existed. I think I'm going to write to the headteacher to get a letter from him stating why the school they will fund transport to isn't suitable. Then forward this to the LEA and hope for the best.

Would they have their own appeals procedure I need to follow, how I would find this out? County is question is Hertfordshire.

Also try SOS!SEN, theya re as good as IPSEA but easier to track down.

The process here FWIW is that if this happens you pay the difference in costs for transport and usually get a bus place allocated. Friends pay £1.50 a day for three miles difference. Would that be doable? can you suggest that?

Another great website, thanks very much. I will get my partner to phone them tomorrow for advice. Reading the site it says you need to appeal within 2 months of the decision. She signed the form last October so it maybe too late? Although it was only last week we got the new statement saying we agreed to provide and fund the transport.

Paying a difference of £1.50 would be doable as that's £30 a month plus you don't have wear and tear of the car etc. So yes I can put this forward to them. I really don't understand how they were prepared to fund transport to the nearest school. Yet we are expected to fund all the transport for choosing a school another 4 miles away!

IIRC your council has a less than solid rep for helpfullness in SEN matters- you might want to start a thread asking about that specifically or do a search.

The vocal ability thing is something that matters: it is clearly a school unsuitable for him. DS3 has ASD and a very marked speech delay- LEA clearly said the ASD base was a bad idea at the time as none of the kids attending were verbal. Surely transport should be distance from a suitable school?. I quite understand if you wanted to bypass three great schools becuase Cousin henry went to X in 1983 and you want to follow a tradition; this is completely different.

As of course you know. Do ask them for a written definition of suitable by the way. Might help ;-).

Herts are trying to cut their transport bill!! My understanding is that Herts will only pay for transport to the nearest suitable school. Their interpretation is based on broad classification not most suitable. So if both schools are classed as MLDs (for instance) they expect the nearest MLD to meet the needs of the child. It is tough but I do know people who have in the past appealled sucsessfully (ie if the nearest MLD has lots of stairs and there is a medical need for all on one floor such as a further school). Its worth a try. Even trying to get

Try....but you may not get anywhere.

Can the closer school accommodate your son and the Statement provision?

If not, and the other school can, then I think you may have a good argument.

What about approaching your MP? Might seem like a crazy suggestion but I did and have to say, he did what he said he'd do and now we have our high rate DLA, our direct payments for outreach in the community and a keyworker coming to our home (cause my son can't leave it) to "play" with him.

My husband told me not to bother but, I calmly presented my son's plight and he helped.

Pezza4u

One tack you can take is to claim that your partner 'signed under duress' - that she felt she had to do it to send him to the school that was suitable.

Transport should not enter into deciding which school is suitable.

If you think 8 mile away school is not "applicable to his ability" because of the speech issue then use that as the basis for stating the 12 mile school is the nearest suitable.

Also contact your local Councillor - I'm sure he'll see sense and take up your case for you.

Agree you best bet is to build a strong case for the further school as the nearest school to meet his needs as per the statement.

The Home to School transport guidance should be useful (DfE publication so they must have regard to it).

The Herts policy is here. Apparently they are changing their policy though (there's a consultation ending tomorrow).

It's not unusual for LAs to agree to a more distant school only on the grounds that a parent pays for transport. I agree that you'd need to show that the nearer school can't meet his needs. If you'd had to go to tribunal to get the place at the further school and had shown that it was the only suitable school, they would have had to provide transport then. But it seems that they haven't actually agreed that it's the only suitable school so at this stage I guess they can argue that the nearer school is suitable and it's just through choice that he's attending the furthest school.

Thanks for the replies everyone you've all been a great help :) WetAugust you make a very good point about signing under duress and I will use that.

I started going through everything last night and basically he needs to go to a SLD school. Both the schools that they and we've chosen fall into this category. Their chosen school is 7.6 miles away, our is 12.2 miles, so a 4.6 mile difference.

I think some of the problem may be he is alot quieter at school than he is at home, although I would've thought that applies to most children. However, his teachers have recently commented on how much he has started talking at school compared to before. If he goes to this school the LA have chosen it will put him back and undo all the work his current school has done.

The communication part in his statement of needs we got 2 weeks ago kind of implies he doesn't talk much though. We need to find his old ones from previous years but I have a feeling they haven't really changed this part since he was last assessed in 2009. If that's the case then he really needs to see a speech therapist (in 2009 they said he didn't need to see them anymore) to be reassessed and hopefully an amended statement will be enough to make them realise the school is not suitable for him.

Both schools are very similar and we wouldn't have a problem with him going there if the other children could vocally communicate.

We got his final statement 2 weeks ago so still have plenty of time to appeal. Does anyone know if the headteacher is allowed to write a letter we could forward to them as he agrees with us?

This is the paragraph in the statement about transport:

The Parents of * expressed a preference under the provisions of paragraph 3 of Schedule 27 to the Education Act 1996 for him to attend the above school (watling view). The Local Authority accepts that this school would be suitable. However it is not the nearest suitable school and the Local Authority considers that it would be incompatable with the efficient use of its resourses if it had to provide or fund home to school transport to this school. That being so the Local Authority, having taken into account paragraph 8:87 of the SEN Code of Practice, has agreed to name the school on the express condition that parents accept and continue to accept liability for arranging and funding home to school transport. If for any reason they are no longer willing or able to do so then would be expected to transfer to the nearest suitable school.

Am I reading this correctly, Pezza4U? The local authority are suggesting that your son, who has some vocal ability which my (hopefully) improve in the more suitable educational environment, is expected to forgo this BECAUSE THERE IS A 4 MILE DIFFERENCE IN TERMS OF TRANSPORT? Would they transport to the nearer, less suited-to-his-needs school?

Time to get tough, no matter what your partner has signed.......

Yep that's exactly it, sounds very petty doesn't it! His speech is very good and that should (as you say hopefully) improve by going to the right school.

They will provide transport to the nearest SLD school but not the next nearest 4 miles up the road. They've told us we have to arrange transport and cover all costs.

I'm assuming as both schools are for SLD's they think the nearest will be just as suitable.

The children at the closer school are unable to communicate verbally? What possibly chance would your boy have to improve over the years, if he did not have verbal communication with his peers?

I would be livid that they felt my son, if his communication was poor BUT HE DID COMMUNICATE VERBALLY should be in a school with children who DID NOT COMMUNICATE VERBALLY. This is inappropriate.....scandalous actually. Get on to your local councillor or MP.

Places in SLD schools are so sought after but, he ought not to be placed in a setting which restricts him and may even cause a backward step in his communication. It makes no sense.

I'd be writing to Mr Cameron. I hounded my MP until he came up with the goods. And he did.

I think the 2009 statement is actually key here.

If the issue is language based you need SLT input absolutely: I would get straight on that, whsilt writing a letter stating exactly what has been said here about duress / suitability of school.

WRT the Head most probably would not BUT they may very well write a letter stating that your child is now increasingly verbal at school when compared to the statement, and that it needs to be revised to meet the current developmental level. Yet another interim review might be neeeded for that, '9:30 A review meeting may make recommendations on any of the matters listed above.
Amendments to a statement are likely to be recommended if:
significant new evidence has emerged which is not recorded on the statement
significant needs recorded on the statement are no longer present
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66 More'

If the statement is new you should be able to appeal it?? Look at IPSEA.

My son is too young for transport but looking at the links it says for children over 8 must be within 3 miles walking distance? As their choice of school is more than 3 miles don't they have to provide free transport anyway? Sorry am I missing something?

Agnes theya re willing to pay to a closer school but not that of OPs choice.

I need some help on whether I need to appeal via SEND as I'm reading the part about what you can appeal against and it doesn't mention transport. Or should I just write directly to the allocated SEN officer?

The LA have allocated a place at our chosen school so we're not disputing that. My partner did have to sign the letter they sent within 10 days of receiving it saying we would fund transport otherwise the other school would have been chosen. So this was definitely signed under duress.

They say that if we say we can't fund the transport (which we can't) they will change his placement to the nearest SLD school instead, so we would then dispute and appeal this decision.

Now my partner has told me that the headteacher couldn't have a say about the school they give a placement for when he had the meeting with them. After she spoke to him, he agreed about the other children and their lack of verbal communication so I had assumed he mentioned this. It now appears that they might not even know our feelings about this but we will check with the headteacher.

Reading the final statement they have sent, there is a paragraph there under the educational provision to meet needs and objectives section that I don't think they will meet by sending him to the nearest school. It says "The class/subject teacher will devise a programme to encourage participation in small groups (no more than 6 pupils) and class oral work building on current confidence, so that he has experience and practice using new vocabulary in order to understand and be able to use it appropriately in context, to be delivered daily (15 minutes) with a named adult." Now how can they meet this requirement if his peers have little or no oral communication compared to his.

So who should I contact first; the SEND and what do I appeal against that is listed here? Contact the SEN officer or the headteacher?

I think you might be able to appeal to SEND to change the paragraph about transport in Part 4, as at the moment it implies that the nearer school is suitable. Are there any other parts of the statement you might want to appeal against as well - is part 2/3 ok?

I would try calling SEND though to clarify, and/or one of the SEN charities.

Some information here on SEN/transport.

"23. If the LEA names two schools in Part IV (ie names the LEA school but notes the parents? preferred school the child will actually attend) it is still open to the parents to appeal to the SENDIST in order to obtain a ruling that only their preferred school should be named in Part IV. Such an appeal could be put either on the basis that (1) the LEA choice of school cannot meet needs; or (2) that both schools are suitable and, looking at relative cost, the parents? choice is not an inefficient use of resources."

The document goes on to explain the consequences of whether your appeal is successful on (1) or (2). Do a search for "R. v. LB Havering , ex parte K [1998] ELR 402" as I think that may be the basis for your appeal.

At a guess, I'd say SEND but they may just argue that your child is at the same level as the children in the nearer school and that this small group work and class oral work happens at this school also. In other words, though the other school may have children with possibly greater verbal ability, your son's needs can be met regarding the Statement provision, at the school which is closer.

It's typical "jobsworth" stuff this. You're arguing and having all the stress that goes with OVER AN ADDITIONAL FOUR MILES.

All boils down to cash.

The argument that a child needs to be in a suitable peer group to support their learning is a valid one, we were able to show that some schools weren't suitable because they had students working at a lower level than DS. You may need to get an Ed Psych to visit the schools and give evidence on that though - a parent's opinion often isn't enough.

SENDIST is a pretty stressful fight and is likely to take months. You could alternatively appeal against the LA itself as they should have an appeals procedure for school transport - see the bottom of the IPSEA page here. But, unfortunately it doesn't look like they're in breach of their own transport policy, at least while they're arguing that their preferred placement is suitable.