transport appeal advice needed

[tireddotcom]

My dd is 8 and has Autism, attends m/s school with a statement of educational needs. Due divorce we have had to move, wont go into details but due to almost homeless the council re-housed us. I had no say on where they moved us to.

The new house is 3.2 miles away. I applied for transport and was refused as they said she wasnt at her designated school.

but she is doing so well there, has made great progress and the school agree. Moving her to another school would effect her badly. We had to move 2 1/2 years ago and had to move school and i dont want to move her again.

The LEA told me to get her to school by bus, but on the 4 days I tried the bus was late, so she was 15 mins late each day, so was crying and didnt want to go into class. Also the bus after school is 4.05 and she finishes at 3.20, even if i got that bus we wouldnt be home till after 4.40 and my son who also has autism and attends a special school is brought home by transport at 4.20 so i wouldnt be home for when he got back.

ANy advice would be great

Hi Tired,
Does it specify her present school in her Statement?

According to Direct Gov
'Children also qualify for free transport - no matter what distance they live from the school - if they are unable to walk for any of the following reasons:

?they have SEN
?they have a disability or mobility problems
?there is no safe walking route

Also IPSEA have lots of advice here

If the current school isnt named on yr DD's statement, i suspect you'll have to prove her need to stay there. Do you have any professional support? Parent Partnership, key worker, social worker, advisory teacher, supportive SENCO etc who could help you do that? x

She must attend the school that is stated on her Statement. That is because it has been assessed as being able to meet her needs. Her current school will not have been assessed as able to do so.

So you need to get her Statement amended to the school you want her to attend. The Head of her current school should not have admitted her until he had seen the Statement and confirmed it could meet her needs.

One of the key things about transport is that it must be non-stressful. That has been tested in law (see IPSEA site). So if her current transport arrangements are casuing her stress you can request alternative non-stressful transport is provided by the LEA.